Township of Butler, PA Article V District Regulations

§ 300-12 Purpose.

The purpose of this article is to establish districts wherein compatible uses of land may be located and grouped to create, protect or maintain a living environment for the citizens of Butler Township. Four broad categories of uses are established: agricultural, residential, commercial and industrial. It is the intent of this article to stabilize and protect the uses contained within these districts by excluding incompatible uses and to allow a maximum degree of latitude with the regulations to promote residential harmony, conduct profitable business or to contribute to the economy of the Township. It is also the purpose of this classification to make it possible to more efficiently and economically design and install all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use and to provide for the health, safety, and general welfare of the community at large.

§ 300-13 General district regulations.

A. Within the various use districts as indicated on the Official Zoning District Map of Butler Township, and subject to the requirements of §§ 300-16 through 300-23, no land, building or structure shall be used and no building or structure shall be erected which is intended or designed to be used, in whole or in part, except for any of the uses authorized herein.

B. Any use not expressly listed for a district in §§ 300-16 through 300-21 is prohibited in that district, unless granted by special exception as a use not specifically listed in those districts where authorized.

C. Accessory structures customarily accessory to principal structures or uses which are authorized by conditional use or special exception shall be permitted by right.

D. Additional requirements applicable to each district may be found in the bulk and dimensional requirements in § 300-22.

E. In the commercial and manufacturing zoning district classifications, two or more buildings may occupy the same lot, provided that where different uses are authorized on the same lot which have differing zoning requirements, each use shall meet all applicable requirements of Chapters 252 and 300 of the Code of the Township for that use.

F. A single-family dwelling or a two-family dwelling shall be the only principal building on a lot, except that principal farm structures may occupy the same lot as the principal dwelling on farms, as defined by this chapter. Public utility structures may occupy the same lot with a single-family or two-family dwelling.

G. In zoning district classifications where multiple dwellings are authorized, several buildings may occupy the same lot.

H. After construction, two-family dwellings and multiple dwellings that are proposed to be subdivided along common walls and sold in fee simple may be recorded on lots which have lot widths less than the minimum requirement and lot areas less than the minimum lot area per dwelling unit required by the Table of Bulk, Dimensional and General Requirements in § 300-22B, provided that the lot area per dwelling unit requirement is met on the entire development site at the time of preliminary approval of a subdivision or land development plan.

I. Split zoning lots shall not be permitted to be created.

[Added 10-19-2015 by Ord. No. 887]

J. No transient person shall occupy any dwelling or dwelling unit at any one time unless approved as a bed-and-breakfast.

[Added 12-18-2017 by Ord. No. 897]

§ 300-14 Establishment of districts.

The Township of Butler is hereby divided into six classes of districts with the designations and general purposes listed herein and the specifically permitted uses and bulk and dimensional regulations for each district tabulated in §§ 300-16 through 300-21.

District	Purpose
A-1 Agricultural	Primarily an agricultural district providing for agriculture, silviculture, aquaculture, dairying, farming, pasturage, beekeeping, horticulture, floriculture, animal and poultry husbandry uses
R-1 Single-Family Residential	Exclusively a single-family residence district with adequate lot areas required and including the customary accessory and secondary uses
R-2 Multifamily Residential	Primarily a multifamily residence district with adequate lot areas required and including some single-family residences and the customary accessory and secondary uses
C-1 General Commercial	Primarily a general commercial district for the conduct of enterprise which depends on proximity to major streets or arterials for trade or transportation
C-2 Convenience Commercial	Primarily a neighborhood district for the provision of convenience shopping for a limited residential area and which involves retail enterprises dispensing commodities providing personal services to the individual
M Manufacturing	Primarily for manufacturing, processing, fabrication and assembling of products or materials, warehousing and storage and transportation facilities and rolling stock, marshaling and storage, and regulated with regard to dissemination of atmosphere pollutants, noise vibration, odors and the creation of physical hazards to adjacent uses

§ 300-15 Overlay Districts.

A. General requirements.

(1) The following overlay zones are designated on the Township Zoning District Map. The overlay zones authorize certain uses by special exception on properties in the overlay zone subject to express standards and criteria that are in addition to the uses otherwise authorized in the underlying zoning classification of the property. All of the listed uses in each of the overlay zones are subject to the procedural requirements of § 300-39B governing special exception uses and § 300-23A, General standards and criteria, for uses by special exception.

(2) In all overlay zones, if the rear property lines of several properties are of varying depths, any overlay lot owner may purchase additional property to the rear of his lot, provided the depth of the additional property is no greater than the depth of the overlay properties on either side of his property in the same block and on the same side of the street. The additional property may be used in accordance with the overlay regulations applicable to the original lot, provided the additional property is consolidated into the original overlay lot by recording a plat of subdivision.

B. Institutional I Overlay. In all areas designated on the Township Zoning District Map as "I Institutional Overlays," the following regulations shall apply:

(1) The minimum site shall be 10 acres.

(2) The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.

(3) In addition to the uses authorized in the underlying zoning classification, the following uses are authorized as special exception uses on properties in the I Institutional Overlay District.

(a) Hospital, subject to § 300-23B(32).

(b) Clinic, other than a methadone clinic.

(c) Nursing home, subject to § 300-23B(43).

(d) Group care facility or transitional dwelling, subject to § 300-23B(26).

(e) Independent-living facility or assisted-living facility, subject to § 300-23B(34).

(f) Life care community, subject to § 300-23B(38).

(g) Professional or business offices.

(h) Federal, state, county or municipal government offices.

(4) New construction of any of the authorized uses shall be permitted.

(5) In the case of a hospital, the height limitation in the underlying zoning district may be increased to no more than 150 feet if authorized by the Zoning Hearing Board as a use by special exception.

(6) The following setbacks shall be maintained along any property line adjoining any lot area in any A-1, R-1 or R-2 Zoning District located in the Township.

(a) All principal and accessory structures: 75 feet.

(b) All parking spaces: 25 feet.

(7) All parking spaces that do not adjoin an A-1, R-1 or R-2 Zoning District classification shall be located at least five feet from any property line or public street right-of-way.

(8) A buffer area that is 20 feet in depth measured from the property line shall be provided along all property lines adjoining any A-1, R-1 or R-2 Zoning District classification. The buffer area may be located within the required setback from the property line. The buffer area shall comply with the specifications of § 300-29 of this chapter.

(9) All other area and bulk regulations specified in § 300-22 for the underlying zoning district shall apply.

(10) All uses authorized in the Institutional I Overlay shall be subject to approval of a land development plan in accordance with the standards and procedures specified in Chapter 252 of the Code of the Township, Subdivision and Land Development.

C. Residential R Overlay. In all areas designated on the Township Zoning District Map as "R Residential Overlays," the following regulations shall apply:

(1) In addition to the uses authorized in the underlying zoning classification, the following uses are authorized as special exception uses on properties in the R Residential Overlay District:

(a) Conversion apartments, provided the following requirements are met:

[1] The minimum habitable floor area for each dwelling unit shall be 800 square feet.

[2] Two off-street parking spaces shall be provided for each dwelling unit.

[3] If parking is located along a side or rear property line that adjoins property containing a single-family dwelling, a six-foot-high compact evergreen hedge shall be planted along that property line for a distance sufficient to screen the parking spaces.

[4] If new paving is installed, an on-lot stormwater management device shall be provided that complies with Butler Township Construction Standards.

[5] The maximum number of units in a building shall be four units.

[6] The dwelling unit density shall not exceed six units per acre.

(b) Bed-and-breakfast, subject to § 300-23B(10).

(c) Day-care center, subject to § 300-23B(20).

(2) No new construction shall be permitted. Conversion of an existing structure shall be permitted; however, additional enlargement of the existing structure shall not exceed 25% of the gross floor area of the original structure.

(3) All other area and bulk regulations specified in § 300-22 for the underlying zoning district shall apply.

(4) Off-street parking shall be located at least five feet from any property line or public street right-of-way.

(5) All uses authorized in the Residential R Overlay shall be subject to approval of a land development plan in accordance with the standards and procedures specified in Chapter 252 of the Code of the Township, Subdivision and Land Development.

D. Transitional T Overlay. In all areas designated on the Township Zoning District Map as "T Transitional Overlays," the following regulations shall apply:

(1) In addition to the uses authorized in the underlying zoning classification, the following uses are authorized as special exception uses in a dwelling in existence on the date of adoption of these regulations on properties in the "T" Transitional Overlay District:

(a) Bed-and-breakfast, subject to § 300-23B(10).

(b) Specialty retail.

(c) Personal services.

(d) Business or professional offices.

(e) Conversion apartments having a minimum habitable floor area for each dwelling unit of 800 square feet.

(f) Apartments above office or retail, subject to § 300-23B(7).

(2) No new construction shall be permitted. Conversion of an existing structure to any of the authorized uses shall be permitted; however, no addition or enlargement of the existing structure shall be permitted.

(3) A buffer area that is 15 feet in depth measured from the property line shall be provided along all side or rear property lines adjoining any A-1, R-1 or R-2 Zoning District classification. The buffer area shall comply with the specifications of § 300-29 of this chapter.

(4) If an adjoining property has been converted to a Transitional Overlay use and a buffer area already exists, a buffer area shall not be required along that common property line.

(5) All other area and bulk regulations specified in § 300-22 for the underlying zoning district shall apply.

(6) Off-street parking shall be located at least five feet from any property line or public street right-of-way.

(7) All uses authorized in the Transitional T Overlay shall be subject to approval of a land development plan in accordance with the standards and procedures specified in Chapter 252 of the Code of the Township, Subdivision and Land Development.

E. Hansen Avenue Revitalization H Overlay. In all areas designated on the Township Zoning District Map as "H Hansen Avenue Revitalization Overlays," the following regulations shall apply:

(1) In addition to the uses authorized in the underlying zoning classification, the following uses are authorized as special exception uses on properties in the H Hansen Avenue Revitalization Overlay District:

(a) On C-2 zoned property within the H Overlay, apartments in combination with business having a minimum habitable floor area for each dwelling unit of 600 square feet, subject to:

[1] One parking space shall be provided for each dwelling in addition to the spaces required for the business. If the business is nonconforming with respect to parking, one parking space shall be required in addition to the existing parking spaces that serve the business.

[2] Shared parking for the dwelling and the business shall be permitted if the business is closed after 6:00 p.m.

[3] Dwellings in combination with a business shall have an entrance that is separate from the business entrance.

[4] Off-site parking which shares the frontage of one or more public street rights-of-way with the contiguous lot on which the principal use is located, shall be authorized as required parking.

[Added 12-21-2009 by Ord. No. 845]

(b) On any property in the H Overlay District, regardless of zoning designation, public or private surface parking shall be permitted subject to:

[Amended 12-21-2009 by Ord. No. 845]

[1] Public or private surface parking lots within 100 linear feet of the lot boundary line on the lot accommodating an existing commercial structure generating the need for such parking may be located on immediately adjacent property, including property immediately across a public street right-of-way, provided:

[a] There shall be no minimum lot area required.

[b] Minimum required setbacks may be reduced to zero feet.

[c] Minimum impervious coverage shall not exceed 90%.

[2] Off-site parking authorized under this subsection shall not be subject to the provisions of § 300-25C.

[3] Stormwater management shall be required for the new paving, and, where applicable, a highway occupancy permit to allow discharge of stormwater into a PennDOT storm sewer shall be required

(2) The parking requirement for new construction or a change of use in an existing building may be reduced by 50%, provided all other applicable requirements of the H Overlay are met.

(3) On C-2 properties in the H Overlay, removal of existing structures and new construction and enlargement or addition to an existing structure shall be permitted. In either case, the otherwise applicable area and bulk regulations of § 300-22B of this chapter are hereby modified as follows:

(a) Lot coverage may be increased to 100%.

(b) Front, side and rear yards may be reduced to zero feet.

(c) If the lot is nonconforming with respect to lot width and lot area, the lot may be used without a lot area or lot width variance, provided all other applicable H Overlay regulations are met.

(d) The maximum building height may be increased to 50 feet on the Hansen Avenue side of the building, provided building height at the opposite (rear) side of the building shall not exceed 35 feet.

(e) Off-site parking which shares the frontage of one or more public street rights-of-way with the contiguous lot on which the principal use is located shall be authorized as required parking.

[Added 12-21-2009 by Ord. No. 845]

(4) All uses authorized in the Hansen Avenue Revitalization H Overlay shall be subject to approval of a land development plan in accordance with the standards and procedures specified in Chapter 252 of the Code of the Township, Subdivision and Land Development.

F. Airport Overlay District.

[Added 12-17-2012 by Ord. No. 869]

(1) Purpose. The purpose of this Subsection F is to:

(a) Consider safety issues around the airport;

(b) Regulate and restrict the heights of constructed structures and objects of natural growth;

(c) Create appropriate surface zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such zones;

(d) Create the permitting process for use within said surface zones; and

(e) Provide for enforcement, assessment of violation penalties, an appeals process, and judicial review.

(2) Relation to other zoning districts. This Subsection F shall not modify the boundaries of any underlying zoning district. Where identified, this Subsection F shall impose certain requirements on land use and construction, in addition to those contained in the underlying zoning district.

(3) Definitions. The following words and phrases, when used in this chapter, shall have the meanings given to them in this subsection, unless the context clearly indicates otherwise:

AIRPORT ELEVATION

The highest point of an airport's usable landing area measured in feet above sea level.

AIRPORT HAZARD

Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.

AIRPORT HAZARD AREA

Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this subsection and Act 164 of 1984 (Pennsylvania laws relating to aviation).[1]

APPROACH SURFACE (ZONE)

An imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Figure 1,[2] is derived from the approach surface.

CONICAL SURFACE (ZONE)

An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 1,[3] is based on the conical surface.

DEPARTMENT

The Pennsylvania Department of Transportation.

FAA

The Federal Aviation Administration of the United States Department of Transportation.

HEIGHT

For the purpose of determining the height limits in all zones set forth in this Airport Overlay Zone and shown on the Zoning Map, the datum shall be mean sea level elevation, unless otherwise specified.

HORIZONTAL SURFACE (ZONE)

An imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown on Figure 1,[4] is derived from the horizontal surface.

LARGER THAN UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds' maximum gross weight and jet-powered aircraft.

NONCONFORMING USE

Any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this Subsection F, or any amendment to it.

NONPRECISION INSTRUMENT RUNWAY

A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in, nonprecision instrument approach procedure has been approved or planned.

OBSTRUCTION

Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this Subsection F.

PRECISION INSTRUMENT RUNWAY

A runway having an existing instrument approach procedure that utilizes an instrument landing system (ILS) or a precisions approach radar (PAR). It also means a runway for which a precision approach system is planned, and is so indicated on an approved airport layout plan or any other planning document.

PRIMARY SURFACE (ZONE)

An imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The primary surface zone, as shown on Figure 1,[5] is derived from the primary surface.

RUNWAY

A defined area of an airport prepared for landing and takeoff of aircraft along its length.

STRUCTURE

An object, including a mobile object, constructed or installed by man, including but not limited to buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.

TRANSITIONAL SURFACE (ZONE)

An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically. The transitional surface zone, as shown on Figure 1,[6] is derived from the transitional surface.

TREE

Any object of natural growth.

UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds' maximum gross weight or less.

VISUAL RUNWAY

A runway intended solely for the operation of aircraft using visual approach procedures.

[1] Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.

[2] Editor's Note: Figure 1 is included at the end of this chapter.

[3] Editor's Note: Figure 1 is included at the end of this chapter.

[4] Editor's Note: Figure 1 is included at the end of this chapter.

[5] Editor's Note: Figure 1 is included at the end of this chapter.

[6] Editor's Note: Figure 1 is included at the end of this chapter.

(4) Establishment of airport surface zones. There are hereby created and established certain surface zones within the Airport Overlay District, defined in Subsection F(3) and depicted on Figure 1[7] and illustrated on the Official Zoning Map, which include:

(a) Approach surface zone.

(b) Conical surface zone.

(c) Horizontal surface zone.

(d) Primary surface zone.

(e) Transitional surface zone.

[7] Editor's Note: Figure 1 is included at the end of this chapter.

(5) Permit applications.

(a) As regulated by Act 164[8] and defined by 14 CFR 77.13(a) (as amended or replaced), any person who plans to erect a new structure, add to an existing structure, or erect and maintain any object (natural or man-made) in the vicinity of an airport shall first notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof.

[8] Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.

(b) The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this Subsection F. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in Subsection F(6).

(c) No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.

(6) Variances.

(a) Any request for a variance shall include documentation in compliance with 14 CFR Part 77, Subpart B (FAA Form 7460-1, as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:

[1] No objection. The subject construction is determined to not exceed obstruction standards, and marking/lighting is not required to mitigate potential hazard. Under this determination, a variance shall be granted.

[2] Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area that can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in Subsection F(9), Obstruction marking and lighting.

[3] Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied, and the reasons for this determination shall be outlined to the applicant.

(b) Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship, and that any relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this Subsection F.

(7) Use restrictions. Notwithstanding any other provisions of this Subsection F, no use shall be made of land or water within the Airport Overlay District that will create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the airport.

(8) Preexisting nonconforming uses. The regulations prescribed by this Subsection F shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying Zoning Ordinance), may only be reestablished consistent with the provisions herein.

(9) Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this Subsection F may be conditioned according to the process described in Subsection F(6), to require the owner of the structure or object of natural growth in question to permit the municipality, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.

(10) Violations and penalties. Violations of this Subsection F are subject to provisions in the underlying Zoning Ordinance.

(11) Appeals. Any appeals to this Subsection F shall be handled according to the process identified in the underlying Zoning Ordinance.

(12) Conflicting regulations. Where there is a conflict between any of the regulations or limitations prescribed in this Subsection F and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.

(13) Severability. If any of the provisions of this Subsection F, or the application thereof to any person or circumstance, are held invalid, such invalidity shall not affect other provisions or applications of this Subsection F. To this end, the provisions of this Subsection F are declared to be severable.

G. Traditional neighborhood development (TND).

[Added 12-17-2012 by Ord. No. 869]

(1) Purpose. The primary purpose of this Subsection G is to establish reasonable standards to permit and regulate compact, pedestrian-oriented commercial and mixed-use developments combining residential, retail, office and other commercial uses.

(2) Objectives. Specific objectives of the TND are as follows:

(a) Allow pedestrian-oriented, mixed-use developments, combining residential, retail, office and other commercial uses. This objective is best met when residences, shops, offices, workplaces, and civic areas are all within relatively close proximity to each other.

(b) Promote an efficient, compact land use pattern to promote easy access between and among residences, stores and services by pedestrians, to shorten trips, to lessen dependence on the automobile and encourage walkability, and to promote utilization of existing public facilities. This objective is best met when the development is relatively compact with an identifiable center and edges.

(c) Encourage developments that produce a desirable relationship between individual buildings, the circulation systems, and adjacent areas. This objective is best met when new residential development is sited in proximity to existing residential neighborhoods, to provide an appropriate transition between residential and commercial uses.

(d) Require sites to be designed in a way that creates a compact, clustered development pattern with appropriate public spaces. This objective is maximized by careful attention to the streetscape so that sidewalks, street trees, streetlights, civic art, and building architectural elements combine to foster a sense of place and community.

(e) While allowing for the safe and efficient flow of traffic to, from and within new developments, minimize the number of access points along arterial and collector streets, eliminate, where possible, individual curb cuts to arterial and collector streets and restrict access to key corridors, except to existing or planned signalized intersections.

(3) TND compliance. The TND shall be a conditional use in Districts A-1 and R-2 and must comply with the requirements of this chapter.

(4) Uses. The uses permitted in the TND shall be those uses allowed in the A-1 and R-2 Districts; provided, however, that:

(a) Gross square footage of commercial/entertainment uses (exclusive of theaters and cinemas) shall not exceed 50% of the total square footage shown in the master development plan.

(b) Restaurants with drive-through windows, gasoline stations, convenience stores and automobile service facilities shall not be permitted in the TND.

(c) Home occupations are permitted, provided that parking for home occupations must be part of the shared parking available for nonresidential uses.

(d) Any new development in the TND may contain structures or encompass lots containing more than one principal use.

(e) Adult or sexually oriented businesses are not permitted in the TND.

(5) Conditional use criteria.

(a) All applications for development in the TND shall include a master development plan. The conditional use shall not be deemed to meet the purpose and objectives of this subsection unless open space and shared parking facilities or parking structures are included in the master development plan.

(b) Unless otherwise specified in this subsection, minimum lot sizes, yard and building setbacks, impervious coverage limits and building sizes shall be established by the master development plan and shall be subject to the Design Principles included as Appendix 1 to this chapter.[9]

[9] Editor's Note: Appendix 1 is included at the end of this chapter.

(c) The master development plan shall include proposed covenants, conditions and restrictions (the "covenants") that would serve to enforce design standards and the terms of the master development plan. The covenants must include provisions for the private maintenance of roads, sidewalks, and open space, including the public open space. The covenants are to be in force for perpetuity and are subject to review and approval by the municipal governing body in a form approved by the Municipal Solicitor.

(d) The master development plan shall include a discussion of how development of contiguous undeveloped parcels might be coordinated with the master development plan.

(e) Once construction has begun for at least 33% of the residential units or 10 units, whichever is greater, building and zoning permits for nonresidential structures may be issued.

(f) Occupancy permits for residential units will only be issued if all landscaping or buffers associated with those units are completed. A cash escrow satisfactory to the Municipal Engineer, Municipal Solicitor, or Municipal Manager shall be deposited to guarantee timely completion of landscaping and/or buffers.

(g) Vehicular access to major arterials shall be identified in the master development plan.

(h) The local governing body reserves the right to set any additional conditions it deems necessary.

(6) Basic development standards. All applications for development in the TND shall comply with the following standards:

(a) The minimum master development plan area is 30 acres.

(b) The maximum permitted individual building footprints are:

[1] Buildings containing more than one principal use: 80,000 square feet.

[2] One specialty food store: 65,000 square feet.

[3] Fitness center: 50,000 square feet.

[4] Entertainment: 50,000 square feet.

[5] Hotel: 25,000 square feet.

[6] Special residential: 25,000 square feet.

[7] All other single-use buildings are limited to 15,000 square feet.

[8] Buildings shall be arranged within blocks as provided for in the Design Principles,[10] but in no event shall the total perimeter of any block exceed 2,000 lineal feet (LF).

[10] Editor's Note: See Appendix 1, Design Principles, which is included at the end of this chapter.

(c) The maximum permitted building heights are:

[1] Building heights shall not exceed 85 feet as measured in accordance with the current edition of the International Building Code (IBC).

[2] Architectural or mechanical appurtenances such as steeples or mechanical penthouses may extend no more than 20 feet above a building's highest habitable, occupiable or storage space and shall not be counted in the building height calculation.

[3] Parking structures shall be limited to 35 feet in height.

(d) The maximum permitted impervious surface ratio (ISR) shall be 0.8; for purposes of this subsection only, the ISR shall be determined by dividing the total areas of all impervious surfaces proposed in the master development plan by the total, gross area of all land included within the master development plan.

(e) Residential buffering and open space.

[1] All TND developments should be buffered from traditional zoning districts according to § 300-29.

[2] Requirements for the master development plan should be no less stringent than the requirements of the adjacent zoning district for boundaries, as identified in §§ 300-28 and 300-29.

[3] A minimum of 20% of the gross square footage of the total acreage within the master development plan shall be open space, including wetlands, steep slopes, stormwater detention or retention areas, a town square, parks, gardens, fountains, or landscaped buffer zones around the perimeter of the property.

[4] Any impervious surface other than a town square shall not be considered open space.

[5] At least 50% of the open space must be designed for public use.

[6] Provisions for permanent maintenance of the open space areas must be submitted as part of the master development plan approval.

(7) Loading and service areas.

(a) Loading, trash collection, and similar facilities shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are either fully contained within the building or otherwise screened so as to be out of the direct view from adjacent properties and public streets. Screened areas shall be put in the rear of the property unless the municipal governing body determines that trash facilities located in the side of a property will have less impact on abutting properties than facilities to the rear.

(b) Loading and unloading areas shall be situated to not conflict with pedestrian movement.

(c) No exterior storage of materials or equipment is permitted in the TND.

(8) Other development regulations.

(a) Sewer and water facilities. All new development in the TND shall be served by public sewer and public water facilities.

(b) Utilities. All utility lines (electrical, telephone, etc.) serving new development in the TND shall be placed underground.

(c) Signs and exterior lighting standards. All signs within the TND shall be subject to the requirements set forth in the Municipal Sign Ordinance,[11] except that the types of permitted signs shall be governed by the classification of street to which the sign is oriented. Exterior lighting within the TND shall be subject to the requirements set forth in Section A-8.[12]

[11] Editor's Note: See § 300-27, Signs.

[12] Editor's Note: See Section A-8 of Appendix 1, Design Principles, which is included at the end of this chapter.

(d) Environmentally sensitive areas. The master development plan shall establish that the proposed development provides that special care be taken to preserve steep slopes, woodlands, wetlands or similar environmentally sensitive areas in the TND. Conservation easements may be used to assure that sensitive areas are preserved.

(e) Phases and other property. Development may occur in phases but shall be in accordance with the master development plan that shall include a proposed schedule for development. Property not originally included within the master development plan may be added to it as long as:

[1] It is contiguous to the area shown on the master development plan;

[2] The owner agrees in writing to be bound by, and submits the land by recorded agreement to, the covenants;

[3] The owner agrees in writing to be bound by the manual of written and graphic design guidelines included within the master development plan; and

[4] The owner submits a land development plan consistent with the original master development plan.

(f) Manual of written and graphic design guidelines. All applications for new development in the TND shall include a specific and detailed manual of written and graphic design guidelines as per Section 708-A of the Pennsylvania Municipalities Planning Code.[13] The manual shall be consistent with the Design Principles set forth in Appendix 1 to this chapter.[14]

[13] Editor's Note: See 53 P.S. § 10708-A.

[14] Editor's Note: Appendix 1 is included at the end of this chapter.

H. Access Management (AM) Overlay District.

[Added 12-17-2012 by Ord. No. 869]

(1) Purpose. The Butler Area Multimunicipal (BAMM) Plan discussed the concept of access management areas (AMAs) for corridors experiencing excessive traffic flows, traffic congestion, high accident rates, or other potentially dangerous situations. To help address access management issues in identified areas, an Access Management (AM) Overlay District was proposed. The AM Overlay District provides the municipality with the means to promote quality development, stable property values, and orderly development, while helping to balance the efficient and safe movement of traffic through the area with the need to provide safe and convenient access to adjacent properties. This is especially beneficial in situations where lots are being consolidated, new development is being proposed, or redevelopment of existing areas is being undertaken.

(2) AM area boundaries. Proposed access management overlays in Butler Township are indicated on the Official Zoning Map. The boundaries of these overlays include the area within parallel lines running 1,000 feet on both sides of the outer AM right-of-way limits or the entire depth of those parcels that have frontage on the AM, whichever is the greater distance.

(3) Corridor plan.

(a) A separately adopted corridor plan may be required by the municipality to provide additional guidance for public and private decisionmaking. This corridor plan should be based on the general recommendations made in the BAMM Plan for this corridor. The corridor plan could include:

[1] A build-out scenario;

[2] Possible intersection configurations;

[3] Signalization alternatives;

[4] Potential access road alignments;

[5] Turn lane locations;

[6] Deceleration or acceleration lanes;

[7] Traffic control measures;

[8] Future land use concepts;

[9] Coordinated signage alternatives; and

[10] Landscaping designs.

(b) When a corridor plan is adopted, it shall provide the controlling public policy for development issues along that corridor and shall demonstrate the basis for required improvements associated with the AM Overlay District.

(4) Review and approval procedures. All requirements contained in this AM Overlay District shall be enforced as part of the site plan review process as specified in Chapter 252, Subdivision and Land Development, and/or as part of the typical zoning permit approval process as specified in §§ 300-55 thorough 300-59 of this chapter.

(5) Access control.

(a) To preserve and maintain efficient traffic movement, direct permitted access to the AM shall be in accordance with the Butler Township Access Management Map (or specific corridor plan). All access permits should be reviewed and approved by Butler Township or PennDOT.

(b) The approval of access as part of the site plan review process shall be based on the goal of reducing the total number of driveways along the AM and locating future access points at optimum locations to serve multiple uses. A site plan for property in the AM Overlay District shall address access issues raised by a traffic impact study, any applicable corridor plans, and in terms of general requirements of this chapter. The following specific requirements shall also be considered:

[1] Number of driveways. Each existing lot in the access management corridor is permitted to have a single, two-way driveway that accesses the lot, except in cases where a traffic impact study clearly demonstrates safety-related benefits of a second driveway from the standpoint of traffic movement.

[Amended 12-19-2022 by Ord. No. 921]

[2] Driveway alignment. New driveways shall be aligned with existing driveways across a street unless such alignment is shown to be undesirable in a traffic impact study. Where such alignments are shown to be undesirable, the center lines of opposing driveways shall be offset at least 100 feet.

[3] Construction materials. Each ingress and/or egress driveway shall be improved with hard-surface materials (excluding gravel) from the street apron to the entrance of the parking area.

[4] Conditional approval of driveways. As part of the site plan review process, a site plan may be approved with a specific driveway location under the condition that an agreement be reached between the property owner and the municipality requiring that such driveway(s) be closed when specific circumstances are met. Such circumstances may include the future construction of a service road on adjacent property, the opportunity for a shared driveway with development of adjacent property, or other site-specific circumstances. This conditional approval may be required even if the driveway(s) conforms to all other requirements of this subsection.

[5] Access drives/roads. The preferred type of access to a lot with frontage on the AM is a rear access drive, located in the rear of a property and connecting to adjoining parcels. Where a rear access drive is not feasible, a front access drive to connect adjoining parcels shall be considered. An access drive shall be a publicly dedicated right-of-way, constructed at the owner's expense and built to applicable standards. To the greatest extent practical, direct access to the AM should be limited to right-in and right-out driveways or temporary, two-way drives that will be closed when a surrounding property develops and an access road is provided in the future. The distance between the AM and the access drive shall be determined by PennDOT or the Municipal Engineer, subject to the jurisdictional authority of the roadway. The access drive shall be constructed before any occupancy or use is permitted. A bond, escrow, or other assurance shall be required by an appropriate authority for the completion of the access drives/roads. Where access drives/roads are not appropriate, driveway sharing and/or cross-access between parking areas of the adjacent parcels shall be substituted.

(6) Traffic impact study.

(a) A traffic impact study prepared by a qualified professional engineer may be required at the developer's expense as part of a proposed site plan, in accordance with Chapter 252, Subdivision and Land Development.

(b) The traffic impact study must investigate the feasibility and benefits of improvements, such as traffic signals, turn lanes, and driveway movement limitations to protect the safety and welfare of the traveling public, and shall include the following elements:

[1] A description of the site and study area;

[2] Anticipated development of adjacent parcels;

[3] Trip generation and distribution, including a description of all assumptions used to generate findings of trip distributions;

[4] Traffic assignment resulting from the development;

[5] Projected future traffic volumes;

[6] An assessment of the impact that would result from driveway alternatives;

[7] Recommendation for site access and transportation improvements needed to maintain traffic flow within and past the site at an acceptable and safe level of service; and

[8] An evaluation of the effects that the proposed development will have on the level of service and roadway capacity.

(c) The traffic impact study preparer shall be an individual with extensive background and experience in traffic analysis and must be a registered professional engineer (PE) licensed to practice in the State of Pennsylvania. The traffic impact study must include the signature of the preparer and associated information regarding the involved consulting firm or organization.

§ 300-16 Authorized uses in A-1 Agricultural District.

The following authorized uses are further subject to the bulk and dimensional requirements of § 300-22:

A. Permitted principal uses. Permitted principal uses shall be as follows:

(1) Essential services.

(2) Agricultural operations, as defined by this chapter, including agricultural buildings and structures.

[Amended 12-21-2009 by Ord. No. 845]

(3) Forestry.

(4) Single-family dwellings.

(5) Essential communications antennas mounted on an approved essential communications tower subject to § 300-22J.

(6) Essential communications antennas mounted on an existing building or existing essential public utility installation structure subject to § 300-22J.

(7) Essential public utility installation structures less than 24 square feet in area and no more than three feet in height.

(8) Farmettes, subject to § 300-23B(25).

[Amended 12-18-2017 by Ord. No. 897]

(9) Recreation, passive.

B. Permitted accessory uses. Permitted accessory uses shall be as follows:

(1) Accessory buildings subject to § 300-22C(7) and agricultural accessory structures.

[Amended 12-21-2009 by Ord. No. 845]

(2) Construction trailers, subject to § 300-22D.

(3) Fences, subject to § 300-22C(6).

(4) Home gardening, as defined by this chapter.

(5) Keeping of domestic pets.

(6) No-impact home-based business, subject to § 300-22K.

(7) (Reserved)[1]

[1] Editor's Note: Former Subsection B(7), Off-street parking and accessory garages, was repealed 12-17-2012 by Ord. No. 869.

(8) On-site sales and roadside stands accessory to a farm, subject to § 300-30.

(9) Recreation facilities accessory to single-family and two-family dwellings, as defined herein.

(10) Satellite dish antennas and other antennas, subject to § 300-22C(4).

(11) Secondary dwelling for resident farm workers, subject to § 300-31.

(12) Signs as authorized in Article VI.

(13) Swimming pool, as defined by this chapter, accessory to a single-family dwelling, school, country club or recreational center, subject to § 300-22C(3).

(14) Commercial communications antenna, subject to § 300-22J.

[Added 12-18-2017 by Ord. No. 897]

C. Special exceptions. The following uses are authorized, subject to compliance with the express standards and criteria for each use contained in § 300-23 of this chapter:

[Amended 12-21-2009 by Ord. No. 845; 12-17-2012 by Ord. No. 869]

(1) Accessory buildings larger than 600 square feet in combined gross floor area and private garages larger than 1,200 square feet in combined gross floor area.

[Added 10-19-2015 by Ord. No. 887[2]]

[2] Editor's Note: This ordinance also provided for the renumbering of the remaining subsections of this Subsection C.

(2) Airports, aircraft landing fields, helipads, aircraft charter and rental, service and maintenance.

(3) Agribusiness.

(4) Agricultural research and development.

(5) Animal hospital.

(6) Animal shelters.

(7) Bed-and-breakfast.

(8) Cemeteries.

(9) Churches.

(10) Commercial composting.

(11) Comparable uses not specifically listed.

(12) Day-care homes.

(13) Day-care center or preschool facility in a church or school.

(14) Essential communications towers.

(15) Essential public utility installation structures greater than 24 square feet in area or three feet in height.

(16) Golf courses and country clubs.

(17) Home occupations.

(18) Kennels, riding academies, boarding stables and raising of fur-bearing animals.

(19) Mobile home parks.

(20) Public buildings, libraries, emergency medical service, police and fire stations.

(21) Public utility installations, other than essential public utility installations.

(22) Recreational vehicle parks.

(23) Schools, public and private.

(24) Religious sites.

(25) Mineral extraction.

D. Conditional uses. The following uses are authorized, subject to compliance with the express standards and criteria for each use contained in § 300-23 of this chapter:

(1) Single mobile home.

(2) [3]Transitional dwellings.

[3] Editor’s Note: Former Subsection D(2), listing traditional neighborhood development, was repealed 12-18-2017 by Ord. No. 897.

§ 300-17 Authorized uses in R-1 Single-Family Residential District.

The following authorized uses are further subject to the bulk and dimensional requirements of § 300-22.

A. Permitted principal uses. Permitted principal uses shall be as follows:

(1) Essential services.

(2) Forestry.

(3) Single-family dwellings.

(4) Schools, public and private, with a site over 60 acres.

(5) Essential communications antennas mounted on an approved essential communications tower, subject to § 300-22J.

(6) Essential communications antennas mounted on an existing building or existing essential public utility installation structure, subject to § 300-22J.

(7) Essential public utility installation structures less than 24 square feet in area and no more than three feet in height.

(8) Recreation, passive.

(9) Cluster development, subject to § 300-22M.

[Added 12-18-2017 by Ord. No. 897]

B. Permitted accessory uses. Permitted accessory uses shall be as follows:

(1) Accessory building(s) not exceeding 600 square feet in combined gross floor area.

(2) Construction trailers, subject to § 300-22D.

(3) Fences, subject to § 300-22C(6).

(4) Greenhouses (private noncommercial).

(5) Home gardening, as defined by this chapter.

(6) Keeping of domestic pets.

(7) No-impact home-based business, subject to § 300-22K.

(8) Off-street parking areas.

(9) Private garage(s) not exceeding 1,024 square feet in combined gross floor area, subject to § 300-22C(7).

(10) Recreation facilities accessory to single-family and two-family dwellings, as defined herein.

(11) Satellite dish antennas and other antennas, subject to § 300-22C(4).

(12) Signs as authorized by Article VI of this chapter.

(13) Swimming pool, as defined by this chapter, accessory to a dwelling building, school, country club or recreational center, subject to § 300-22C(3).

(14) Commercial communications antenna, subject to § 300-22J.

[Added 12-18-2017 by Ord. No. 897]

C. Special exceptions. The following uses are authorized, subject to compliance with the express standards and criteria for each use contained in § 300-23 of this chapter.

(1) Accessory building(s) larger than 600 square feet in combined gross floor area and private garages larger than 1,200 square feet in combined gross floor area.

[Amended 10-19-2015 by Ord. No. 887]

(2) Cemeteries.

(3) Churches.

(4) Conversion of abandoned school or church building.

(5) Day-care center or preschool facility in a church or school.

(6) Day-care homes.

(7) Essential communications towers.

(8) Essential public utility installation structures greater than 24 square feet in area or three feet in height.

(9) Golf courses and country clubs.

(10) Home occupations.

(11) Public buildings, libraries, emergency medical service, police and fire stations.

(12) Farmettes, subject to § 300-23B(25).

[Amended 12-18-2017 by Ord. No. 897]

(13) [1]Schools, public and private.

[1] Editor's Note: Former Subsection C(13), Recreation, active (low-impact), was repealed 12-17-2012 by Ord. No. 869. This ordinance also redesignated former Subsection C(14) as Subsection C(13).

D. Conditional uses. The following uses are authorized, subject to compliance with the express standards and criteria for each use contained in § 300-23 of this chapter:

(1) Personal care boarding homes.

§ 300-18 Authorized uses in R-2 Multifamily Residential District.

The following authorized uses are further subject to the bulk and dimensional requirements of § 300-22.

A. Permitted principal uses. Permitted principal uses shall be as follows:

[Amended 12-17-2012 by Ord. No. 869]

(1) Condominiums.

(2) Essential services.

(3) Forestry.

(4) Multiple dwellings.

(5) Single-family dwellings.

(6) Two-family dwellings.

(7) Schools, public and private, with a site over 60 acres.

(8) Essential communications antennas mounted on an approved essential communications tower, subject to § 300-22J.

(9) Essential communications antennas mounted on an existing building or existing essential public utility installation structure, subject to § 300-22J.

(10) Essential public utility installation structures less than 24 square feet in area and no more than three feet in height.

(11) Recreation, passive.

B. Permitted accessory uses. Permitted accessory uses shall be as follows:

(1) Accessory building(s) not exceeding 600 square feet in combined gross floor area.

(2) Construction trailers, subject to § 300-22D.

(3) Fences, subject to § 300-22C(6).

(4) Greenhouses (private noncommercial).

(5) Home gardening, as defined by this chapter.

(6) Keeping of domestic pets.

(7) No-impact home-based business, subject to § 300-22K.

(8) Off-street parking areas.

(9) Private garage(s) not exceeding 1,024 square feet in combined gross floor area, subject to § 300-22C(7).

(10) Recreation facilities accessory to single-family and two-family dwellings, as defined herein.

(11) Satellite dish antennas and other antennas, subject to § 300-22C(4).

(12) Signs as authorized by Article VI of this chapter.

(13) Swimming pool, as defined by this chapter, accessory to a dwelling building, school, country club or recreational center, subject to § 300-22C(3).

(14) Commercial communications antenna, subject to § 300-22J.

[Added 12-18-2017 by Ord. No. 897]

C. Special exceptions. The following uses are authorized subject to compliance with the express standards and criteria for each use contained in § 300-23 of this chapter:

(1) Accessory building(s) larger than 600 square feet in combined gross floor area and private garages larger than 1,200 square feet in combined gross floor area.

[Amended 10-19-2015 by Ord. No. 887]

(2) Bed-and-breakfast.

(3) Cemeteries.

(4) Churches.

(5) Conversion of abandoned school or church building.

(6) Day-care center or preschool facility in a church or school.

(7) Essential communications towers.

(8) Essential public utility installation structures greater than 24 square feet in area or three feet in height.

(9) Golf courses and country clubs.

(10) Home occupations.

(11) Hospitals.

(12) Independent-living facility or assisted-living facility.

(13) Life care community.

(14) Public buildings, libraries, emergency medical service, police and fire stations.

(15) Nursing homes.

(16) [1]Schools, public and private.

[1] Editor's Note: Former Subsection C(16), Recreation, active (low-impact), was repealed 12-17-2012 by Ord. No. 869. This ordinance also redesignated former Subsection C(17) and (18) as Subsection C(16) and (17), respectively.

(17) Townhouses and duplexes proposed for fee simple ownership.

D. Conditional uses. The following uses are authorized subject to compliance with the express standards and criteria for each use contained in § 300-23 of this chapter:

(1) Group care facility.

(2) Personal care boarding homes.

(3) Traditional neighborhood development.

[Added 12-17-2012 by Ord. No. 869[2]]

[2] Editor's Note: This ordinance also redesignated former Subsection D(3) as Subsection D(4).

(4) Transitional dwellings.

§ 300-19 Authorized Uses in C-1 General Commercial District.

The following authorized uses are further subject to the bulk and dimensional requirements of § 300-22.

A. Permitted principal uses. Permitted principal uses shall be as follows:

[Amended 12-17-2012 by Ord. No. 869]

(1) Alcohol beverage distributors and packaged retail sales.

(2) Antiques, art and hobby supply sales.

(3) Appliance sales and service.

(4) Assisted-living facility.

(5) Auction houses, except livestock.

(6) Bakeries or baking plants, bakery shops and confectioneries.

(7) Banks, savings-and-loan institutions and finance and loan companies.

(8) Bar or tavern.

(9) Bicycle sales and repair.

(10) Blueprinting and photo-sharing establishments and book binderies.

(11) Boat sales.

(12) Book and stationery stores and newsstands.

(13) Bus passenger stations and taxi stands.

(14) Camera supply stores and music stores.

(15) Card and gift retail sales.

(16) Catering establishments.

(17) Churches.

(18) Clothing and apparel sales.

(19) Clubs.

(20) Coin and/or stamp dealers and sales and lapidaries.

(21) Condominiums.

(22) Trade schools, music conservatories, dancing schools and similar organizations, all without students in residence, offering and training in specific fields.

(23) Dairy bars and ice cream manufacture for retail sale on the premises only.

(24) Department and variety stores.

(25) Drive-in facilities, subject to § 300-22I.

(26) Drugstores.

(27) Dry-cleaning, pressing and valet pickup, including on-site dry-cleaning equipment which has a maximum capacity of 120 pounds.

(28) Essential communications antennas mounted on an approved essential communications tower, subject to § 300-22J.

(29) Essential communications antennas mounted on an existing building or existing essential public utility installation structure, subject to § 300-22J.

(30) Essential services.

(31) Farm machinery repair and sales.

(32) Farmers markets.

(33) Feed and seed, farm and garden supply retail sales.

(34) Florist, retail.

(35) Food stores, grocery, supermarket, delicatessen, meat and fish, but excluding the killing and dressing of any flesh or fowl.

(36) Forestry.

(37) Funeral home, including crematorium.

(38) Furnace repair and cleaning.

(39) Furniture and home furnishings retail sales.

(40) Furriers, retail sales and storage.

(41) Gasoline service station.

(42) Hardware, appliances and electrical items sales.

(43) Health or racquet clubs.

(44) Heavy equipment rental, sales and service.

(45) Hobby and toy stores.

(46) Hospitals.

(47) Hotels and motels.

(48) Independent-living facility.

(49) Indoor amusement.

(50) Jewelry and watch repair and sales.

(51) Janitor service and/or industrial cleaners.

(52) Laundries, launderette service and self-service.

(53) Libraries, museums and art galleries.

(54) Lock- and gunsmiths.

(55) Lodges and fraternal and social organizations.

(56) Lumberyards and building materials storage and sale.

(57) Multiple dwellings.

(58) Mobile home sales.

(59) Nursing homes.

(60) Office equipment supplies, sales and service and secretarial service establishments.

(61) Opticians and optical supplies sales.

(62) Paint and wallpaper retail sales and installation.

(63) Pawnshops and secondhand stores.

(64) Personal care boarding home.

(65) Personal services and business services.

(66) Pet shops, bird shops and taxidermists.

(67) Photographic studios.

(68) Plumbing and heating sales and service.

(69) Police, emergency medical service and fire stations.

(70) Practitioners of the healing arts.

(71) Printing, publishing, photocopying and similar business services.

(72) Professional or business offices; governmental offices.

(73) Public buildings.

(74) Public parking garages and public or private surface parking lots.

(75) Radio and television broadcasting stations.

(76) Real estate, insurance, advertising and brokerage agencies.

(77) Recreation, passive.

(78) Rental service stores and yards.

(79) Repair facility.

(80) Restaurants, taverns and cocktail lounges.

(81) Retail sales.

(82) Schools for music and schools for dance.

(83) Sporting goods sales.

(84) Storage, in a completely enclosed building, of goods intended for retail sale on the premises, but not including combustibles.

(85) Theaters and assembly halls housed in a permanent indoor structure.

(86) Upholstery and decorator shops.

(87) Vehicle rental, sales and service.

(88) Vehicle accessories sales and installation.

B. Permitted accessory uses. Permitted accessory uses shall be as follows:

(1) Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard.

(2) Construction trailers, subject to § 300-22D.

(3) Drive-in facilities, subject to § 300-22I.

(4) Fences, subject to § 300-22C(6).

(5) No-impact home-based business or home occupation.

(6) Public parking garages and public or private surface parking lots in accordance with Article VI.

(7) Satellite dish antennas, subject to § 300-22C(4).

(8) Signs as regulated under Article VI.

(9) Swimming pools accessory to hotels, motels, multiple dwellings or clubs, lodges or fraternal or social organizations, subject to § 300-22C(3).

(10) Temporary use or structure, subject to § 300-22E.

(11) Commercial communications antenna, subject to § 300-22J.

[Added 12-18-2017 by Ord. No. 897]

C. Special exceptions. The following uses are authorized, subject to compliance with the express standards and criteria for each use contained in § 300-23 of this chapter:

(1) Animal hospital.

(2) Animal shelters.[1]

[Added 12-17-2012 by Ord. No. 869]

[1] Editor's Note: Former Subsection C(2), Billboards, was repealed 5-16-2011 by Ord. No. 856.

(3) Canopies.

(4) Car washing, waxing and detailing.

(5) Comparable uses not specifically listed.

(6) Day-care centers.

(7) Drive-in theaters.

(8) Essential communications towers.

(9) Essential public utility installation.

(10) Life care community.

(11) Mini warehouses and self-storage buildings.

(12) Mobile home park.

(13) Public utility installations, other than essential public utility installations.

(14) Recreation, active.

[Amended 12-17-2012 by Ord. No. 869]

(15) Swimming pools, commercial, public or semipublic and below grade.

(16) Warehousing or wholesaling in conjunction with retail activity.

D. Conditional uses. The following uses are authorized, subject to compliance with the express standards and criteria for each use contained in § 300-23 of this chapter:

(1) Apartment above office or retail.

(2) Helipad accessory to an authorized principal use.

(3) Single mobile homes.

(4) Billboards.

[Added 5-16-2011 by Ord. No. 856]

§ 300-20 Authorized uses in C-2 Convenience Commercial District.

The following authorized uses are further subject to the bulk and dimensional requirements of § 300-22.

A. Permitted principal uses. Permitted principal uses shall be as follows:

[Amended 12-21-2009 by Ord. No. 845; 12-17-2012 by Ord. No. 869]

(1) Alcohol beverage distributors and packaged retail sales.

(2) Antiques.

(3) Appliance sales and service.

(4) Art and hobby supply sales.

(5) Assisted-living facilities.

(6) Automobile service stations.

(7) Bakery shops and confectioneries.

(8) Banks and savings-and-loan institutions.

(9) Bed-and-breakfast.

(10) Bicycle sales and repair.

(11) Book and stationery stores and newsstands.

(12) Card and gift retail sales.

(13) Camera and music stores.

(14) Clinic.

(15) Clothing and apparel sales.

(16) Churches.

(17) Convenience stores.

(18) Dairy bars and ice cream production for retail sale on the premises only.

(19) Delicatessens.

(20) Drugstores.

(21) Dry-cleaning pickup stations.

(22) Essential communications antennas mounted on an approved essential communications tower, subject to § 300-22J.

(23) Essential communications antennas mounted on an existing building or existing essential public utility installation structure, subject to § 300-22J.

(24) Essential services.

(25) Farmers markets.

(26) Florist, retail.

(27) Forestry.

(28) Funeral home, not including crematorium.

(29) Furniture and home furnishings.

(30) Grocery, delicatessen, meat or fish store.

(31) Hardware store.

(32) Independent-living facility.

(33) Laundry self-service and pickup stations.

(34) Libraries, museums and art galleries.

(35) Multiple dwellings.

(36) Nursing home.

(37) Personal care boarding home.

(38) Personal services.

(39) Pet grooming.

(40) Photographic studios.

(41) Police, emergency medical service and fire stations.

(42) Printing and photocopying.

(43) Professional or business offices; governmental offices.

(44) Public buildings.

(45) Public or private surface parking lot.

(46) Recreation, passive.

(47) Restaurant.

(48) Schools for dance and schools for music.

(49) Sporting goods store.

B. Permitted accessory uses. Permitted accessory uses shall be as follows:

(1) Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard.

(2) Construction trailers, subject to § 300-22D.

(3) Drive-in facilities, subject to § 300-22I.

(4) Fences, subject to § 300-22C(6).

(5) No-impact home-based business or home occupation.

(6) Public parking garages and public or private surface parking lots in accordance with Article VI.

(7) Satellite dish antennas, subject to § 300-22C(4).

(8) Signs as regulated under Article VI.

(9) Swimming pools accessory to hotels, motels, multiple dwellings or clubs, lodges or fraternal or social organizations, subject to § 300-22C(3).

(10) Commercial communications antenna, subject to § 300-22J.

[Added 12-18-2017 by Ord. No. 897]

C. Special exceptions. The following uses are authorized, subject to compliance with the express standards and criteria for each use contained in § 300-23 of this chapter:

(1) Apartment above office or retail.

(2) Bar or tavern.

(3) (Reserved)[1]

[1] Editor's Note: Former Subsection C(3), Billboards, was repealed 5-16-2011 by Ord. No. 856.

(4) Car washing, waxing and detailing.

(5) Canopies.

(6) Comparable uses not specifically listed.

(7) Crematorium accessory to a funeral home.

(8) Day-care center.

(9) Essential communications towers.

(10) Essential public utility installation.

(11) Helipad accessory to an authorized principal use.

(12) Hospitals.

(13) Hotels and motels.

(14) Indoor amusement.

(15) Life care community.

(16) Lodges, fraternal and social organizations.

(17) Mini warehouses and self-storage buildings.

(18) Mobile home park.

(19) Plumbing and heating sales and service.

(20) Public utility installation, other than essential public utility installation.

(21) Recreation, active.

[Amended 12-17-2012 by Ord. No. 869]

(22) Appliance repair.

[Amended 12-21-2009 by Ord. No. 845]

(23) Single-family dwelling.

(24) Swimming pools, commercial, public or semipublic.

(25) Two-family dwelling.

(26) Vehicle accessories sales and installation.

(27) Vehicle rental, sales and service.

D. Conditional uses. The following uses are authorized subject to compliance with the express standards and criteria for each use contained in § 300-23 of this chapter:

[Amended 5-16-2011 by Ord. No. 856; 12-17-2012 by Ord. No. 869]

(1) Group care facilities.

(2) Homeless shelters.

(3) Transitional dwellings.

(4) Billboards.

§ 300-21 Authorized uses in M Manufacturing District.

The following authorized uses shall be further subject to the bulk and dimensional requirements of § 300-22.

A. Permitted principal uses. Permitted principal uses shall be as follows:

(1) Airports, aircraft landing fields and aircraft charter and rental.

(2) Alcohol beverage distributors.

(3) Automobile service stations.

(4) Blacksmith or horseshoeing shops.

(5) Bottling works, cold storage and locker service.

(6) Car washing, waxing and detailing.

(7) Commercial communications antennas mounted on an approved commercial communications tower subject to § 300-22J.

(8) Commercial wind farm.

(9) Contractors' equipment storage.

(10) Contractors' supply yards (but not including automobile wrecking yards or junkyards) and lumberyards.

(11) Crematorium.

(12) Dry-cleaning plants, pressing and dyeing plants and laundries.

(13) Essential communications antennas mounted on an approved essential communications tower, subject to § 300-22J.

(14) Essential communications antennas or commercial communications antennas mounted on an existing building or existing essential public utility installation structure subject to § 300-22J.

(15) Essential services.

(16) Feed and seed processing and retail sales.

(17) Forestry.

(18) Heavy equipment rental, sales and service.

(19) Industrial offices.

(20) Microwave and other telecommunications towers.

(21) Processing, cleaning, servicing, testing or repair of materials, goods or products of these types: beverages, confections, cream, all food products, ceramics, clothing, plastics, electrical goods, furniture, hardware, tools, dies, patterns, scientific instruments, jewelry, time pieces, optical goods, musical instruments, toys, cosmetics and drugs; and of products from the following previously prepared materials: wood, glass, textiles, cork, leather, bone, horn, shell, fur, feathers, hair, rubber, paper and metals; when conducted wholly within a completely enclosed building, as defined by this chapter.

(22) Public utility installations and storage yards.

(23) [1]Recreation, passive.

[1] Editor's Note: Former Subsection A(23), Recreation, active (low-impact), was repealed 12-17-2012 by Ord. No. 869. This ordinance also redesignated former Subsection A(24) through (36) as Subsection A(23) through (35), respectively.

(24) Radio and television broadcasting stations and towers.

(25) Radio and television studios.

(26) Railroad freight yards, terminals and classification yards.

(27) Recycling operations.

(28) Repair facility.

(29) Shops for custom work, including printing and publishing and repair facilities.

(30) Tire recapping and retreading.

(31) Truck terminals, truck repair shops, truck hauling and storage yards.

(32) Vehicle accessories sales and installation.

(33) Vehicle rental, sales and service.

(34) Warehousing, storage and packaging.

(35) Wholesale business.

B. Permitted accessory uses. Permitted accessory uses shall be as follows:

(1) Construction trailers, subject to § 300-22D.

(2) No-impact home-based business or home occupation.

(3) Parking and loading areas as required by Article VI.

(4) Signs as regulated by Article VI.

(5) Temporary structures, subject to § 300-22E.

(6) Other accessory uses and structures customarily appurtenant to a permitted use or use by special exception.

(7) Commercial communications antenna, subject to § 300-22J.

[Added 12-18-2017 by Ord. No. 897]

C. Special exceptions. The following uses are authorized, subject to compliance with the express standards and criteria for each use contained in § 300-23 of this chapter:

[Amended 12-21-2009 by Ord. No. 845; 5-16-2011 by Ord. No. 856; 12-17-2012 by Ord. No. 869]

(1) Adult services.

(2) Animal hospitals.

(3) Animal shelters.

(4) Automobile wrecking yard or junkyard.

(5) Canopies.

(6) Commercial communications towers.

(7) Comparable uses not specifically listed.

(8) Essential communications towers.

(9) Essential public utility installations.

(10) Gun and archery ranges (outdoor).

(11) Heavy manufacturing processes, including:

(a) Acetylene gas manufacture and/or storage.

(b) Asphalt manufacture or refining.

(c) Blast furnaces.

(d) Boiler works.

(e) Brick, tile or terra-cotta manufacturing.

(f) Cement, lime or plaster manufacture.

(g) Chemicals and allied products manufacture.

(h) Coal or coke yards.

(i) Concrete or paving materials, mixing plants and manufacture of concrete products.

(j) Fertilizer manufacturing and sales.

(k) Foundries or metal fabrication plants using plate and structural shapes.

(l) Glue and size manufacture.

(m) Industrial chemical manufacture except highly corrosive materials.

(n) Linseed oil, shellac or turpentine manufacture or refining.

(o) Livestock feed yards and livestock auction yards.

(p) Oilcloth or linoleum manufacture.

(q) Paint and enamel manufacture.

(r) Petroleum refining or manufacture.

(s) Plastics manufacture.

(t) Plating works.

(u) Poultry killing or dressing, abattoir or slaughterhouse.

(v) Rock crushers.

(w) Rodenticide, insecticide and pesticide mixing plants.

(x) Sludge composting.

(y) Tar and waterproofing materials manufacture, treatment and storage.

(12) Juvenile incarceration facility.

(13) Prison.

(14) Public utility installations, other than essential public utility installations.

(15) Recreation, active.

(16) Research and development.

(17) Solid waste disposal, storage and transportation.

(18) Surface mining.

(19) Mineral extraction.

D. Conditional uses:

[Added 5-16-2011 by Ord. No. 856]

(1) Billboards.

§ 300-22 Bulk and dimensional requirements.

A. In recognition of the various topographical formations and geographic relationships in Butler Township and with consideration of the health, safety and general welfare of the citizenry, bulk and dimensional general requirements for the several districts are herewith established and set forth herein.

B. Table of Bulk, Dimensional and General Requirements. The table included at the end of this chapter summarizes the bulk and dimensional requirements generally applicable to principal structures in each of the zoning districts. The table is not complete in every detail and must be used in concert with the other requirements specified in Articles V, VI and VII of this chapter for specific uses.

C. Special yard requirements, accessory structures, construction trailers, temporary uses or structures, drive-in facilities and parking as a principal use. The information shown on the table referred to in Subsection B is further supplemented and modified by the following regulations.

(1) Permitted projections into required yards.

(a) Typical architectural features, including, but not limited to, bay windows, window sills, cornices, eaves and chimneys, shall be permitted to project into required yards no more than 18 inches.

(b) Steps and fire escapes shall be permitted to project into required yards no more than 36 inches.

(2) Yards on corner lots, double frontage lots and lots adjoining developed lots with nonconforming front yard setbacks.

(a) Any lot that is located in the same block on the same side of the street with adjoining developed lots which have nonconforming front yard setbacks may be developed using a setback that is less than the minimum required in the district, provided that the setback is not less than the average of the setbacks of all adjoining developed lots in the same block on the same side of the street, but in no case shall the front yard setback be less than 35 feet from the center line of the street.

(b) In the case of double frontage lots, front yards of the required depth shall be provided on both street frontages.

(c) In the case of double frontage lots, the yards remaining after the front yards have been established shall be considered the side yards.

(d) In the case of double frontage lots, side yards shall extend from the rear line of the two front yards required.

(e) In the case of double frontage lots, there shall be no rear yard.

(f) In the case of corner lots with two frontages, the Zoning Officer shall determine the front yard requirements, subject to the following limitations:

[1] At least one front yard shall be provided having the full depth required generally in the district.

[2] The other front yard on such lot shall not have less than half the full depth required generally.

(g) In the case of corner lots with more than two frontages, the Zoning Officer or his authorized representative shall determine the front yard requirements, subject to the following limitations:

[1] At least two front yards shall be provided having the full depth required generally in the district.

[2] No other front yard on such lot shall have less than 1/2 the full depth required.

(h) In the case of corner lots, there will be no rear yard required.

(i) In the case of corner lots, the yards remaining after the front yards have been established shall be considered the side yards.

(3) Swimming pools.

(a) Swimming pools shall not be located in any front yard beyond the front wall of the building. The swimming pool shall meet the side and rear setbacks applicable to principal structures. The swimming pool shall be completely surrounded by a fence at least four feet high with a self-closing and self-latching gate with latches placed at least four feet above the ground. The self-latching gate shall be controlled from within or by detachable key from the outside.

(b) The walls of the principal building on the lot may serve as part of the enclosure. If the pool is above ground and is completely surrounded by a deck to which is attached a rail, the top of which is at least four feet above ground level, and no opening between the deck and rail exceeds four inches in width, no separate fence will be required. All decks shall be constructed in accordance with the applicable requirements of the Uniform Construction Code (UCC).

(4) Satellite dish antennas.

(a) Only one satellite dish antenna shall be permitted on a residential lot. In all districts satellite dish antennas shall not be permitted in front yards.

(b) In A and R classified districts, the maximum diameter of any satellite dish antenna installed on any lot shall be 24 inches. In districts other than A and R classified districts, the maximum diameter of any satellite dish antenna installed on any lot or on any roof or above any building shall not exceed 20 feet above the height of the roof. The maximum height at which any freestanding satellite dish antenna can be mounted shall be 15 feet in any R District and shall be 20 feet in any other district. In all districts, no part of any satellite dish antenna shall be located closer than 20 feet to any property line.

(5) All antennas licensed by the Federal Communications Commission (FCC) for personal use by private citizens, other than communications antennas, as defined in this chapter.

(a) Evidence of compliance with the manufacturer's recommended installation procedures and/or good engineering practices based on wind surface calculations shall be submitted to the Zoning Officer or his authorized representative.

(b) All antenna structures, whether freestanding, guyed or attached to a building, shall be securely anchored in a fixed location and qualified evidence shall be submitted to the Zoning Officer or his authorized representative that the proposed structure will withstand wind and other loads in accordance with the requirements of the Uniform Construction Code (UCC).

(c) All antennas shall be located and constructed so that in the event of collapse, the unsupported portion of the structure will not fall onto a building located on an adjacent property.

(d) In R classified districts, no such antenna structure and its associated supports shall be located in any front yard.

(e) In R classified districts, the height of such antenna structures shall not exceed 75 feet measured from the average finished grade at the base of the structure.

(f) The antenna and its associated supports, such as guy wires, shall be clearly marked so as to be visible at all times and shall be fenced unless the entire yard area is fenced. Associated supports and guy wires shall not be closer than five feet to any side or rear property line.

(6) Fences.

(a) In any residential district, a fence or screening wall not exceeding an average height of six feet three inches may be erected in any side or rear yard, provided that the fence or wall does not extend closer to any street than the front building setback as defined by this chapter, and that any such fence can be located up to the property line of the applicant so long as the property line can be accurately located.

[Amended 12-18-2017 by Ord. No. 897]

(b) In any residential district, a fence or decorative wall which is at least 50% open and no more than four feet in height may be erected in any front yard, provided that the fence or decorative wall does not completely enclose the front yard, and further provided that no fence or wall shall be constructed in the public street right-of-way.

(c) All fences shall be subject to American Association of State Highway and Transportation Officials (AASHTO) standards for visibility along streets and at intersections.

(d) On farms in the A-1 Agricultural District, customary farm fencing shall be permitted to be erected without a permit. For dwellings in the A-1 Agricultural District, a wall or fence no more than six feet in height may be erected in any yard, and a permit shall be required.

(e) In any commercial or manufacturing district, a fence or wall not exceeding ten feet in height may be erected in any required side or rear yard, provided that the fence or wall does not extend any closer to the street than the front building setback, as defined by this chapter.

(f) For schools, playgrounds or parks, a fence or wall not exceeding 10 feet in height may be erected in any required yard.

(g) For airports, aircraft landing fields, helipads and aircraft charter, rental, maintenance and service facilities in the A-1 District, a security fence at least eight feet in height may be erected to enclose the facility.

(h) The location of any fence, hedge, wall or other obstruction shall comply with the provisions of the Pennsylvania Motor Vehicle Code regarding visibility on streets and intersections.

(7) All other accessory structures.

(a) Except as otherwise authorized by this section, the maximum height of all detached garages and other accessory structures shall be one story and no more than 15 feet.

[Amended 10-19-2015 by Ord. No. 887]

(b) Except as otherwise authorized by this section, accessory structures shall not be permitted in any front yard beyond the front wall of the building and shall be located at least 10 feet from the side lot line and at least five feet from the rear lot line. If the detached accessory structure is connected to the principal building by contiguous walls, breezeways or similar connections, it shall comply with the yard requirements for the principal structure.

(c) A. In the case where an accessory building is greater than 720 square feet, the structure or structures that exceed 720 square feet shall be set back an additional five feet for each 150 square feet in excess of 720 square feet.

[Amended 12-18-2017 by Ord. No. 897[1]]

[1] Editor’s Note: This ordinance also redesignated former Subsection C(7)(f) as Subsection C(7)(c) and former Subsection C(7)(c) through (e) as Subsection C(7)(d) through (f), respectively.

(d) All accessory buildings shall be included in the calculations of maximum permitted lot coverage.

(e) In addition to a swimming pool, fence, and antenna, no more than two other accessory structures shall be constructed on a lot in the R-1 and R-2 Zoning Districts, however, the total area of the rear yard covered by all accessory structures shall not exceed 35% of the area of the rear yard between the rear lot line and the side yard lines.

(f) In no case shall the combined gross floor area of private garages accessory to a dwelling exceed 1,200 square feet unless the increase in floor area is authorized as a use by special exception granted by the Zoning Hearing Board. In no case shall the combined gross floor area of any other accessory storage buildings exceed 600 square feet, unless the increase in gross floor area is authorized as a use by special exception granted by the Zoning Hearing Board.

[Amended 10-19-2015 by Ord. No. 887]

(g) No accessory building shall be constructed upon a lot until the construction of the principal building has commenced, and no accessory building shall be used for dwelling purposes.

(h) In the case where a dwelling is nonconforming with respect to the front yard setback, detached private garages shall not be built closer to the street than the front building setback line of the existing dwelling. All other detached garages shall be subject to the front yard requirements for the principal structure.

(i) Mobile homes, trailers and modular homes are not permitted as an addition to any existing dwelling, building or other structure.

(j) In the case of lots of less than one acre in size, no accessory structure shall be located nearer to a road right-of-way than any portion of the principal structure.

[Added 10-19-2015 by Ord. No. 887]

(8) Clear sight triangle. Nothing shall be erected, placed, maintained, planted or allowed to grow in such a manner that obscures a driver's vision in the area between 2 1/2 feet and 10 feet above the ground within the clear sight triangle. The clear sight triangle is defined by measuring from the point of intersection of the center lines of two intersecting streets or the center lines of an intersecting street and a driveway for a distance of 75 feet along each center line to form two sides of a triangle and completing the third side of the triangle by connecting the points on each center line. (See illlustration in Appendix A.[2])

[2] Editor's Note: Appendix A is on file in the office of the Township Zoning Officer.

D. Construction trailers.

(1) Construction trailers shall be permitted only during the time that construction work under a valid zoning permit is in progress.

(2) A permit for the construction trailer shall be obtained from the Zoning Officer or his authorized representative and shall be renewed every six months upon demonstration by the applicant that construction is still in progress and is being diligently pursued.

(3) Any expiration, suspension or revocation of the zoning permit for the construction to which the construction trailer is related shall result in the expiration, suspension or revocation of the permit for the construction trailer.

(4) Except in the Institutional I Overlay, the construction trailer shall be located on the site so as to not impede the free flow of construction and employee vehicles entering and leaving the site. The construction trailer shall not be located within 50 feet of any property line adjoining a residential use or zoning classification.

(5) The use of the construction trailer shall be limited to a temporary field office and storage of incidental equipment and supplies, and it shall not be used for dwelling purposes.

(6) Except in the Institutional I Overlay, only two construction trailers shall be permitted on the site in a residential zoning district.

(7) If restroom facilities do not exist in the construction trailer, an adequate number of portable toilets shall be provided.

(8) No combustible materials shall be stored in the construction trailer.

(9) All construction trailers shall be removed within 48 hours of the completion of construction or the expiration of the zoning permit for the construction to which it is related, whichever occurs first.

(10) Staging areas for public utilities, installations and improvements including, but not limited to, the installation of sewer pipes, water pipes, and transportation improvements, are subject to the following requirement.

[Added 12-21-2009 by Ord. No. 845]

(a) Length of project. Except as provided for herein, only projects that last two years or less are allowed as temporary activities. Projects that last over two years are subject to the applicable regulations for permanent uses. Adjustments to the two-year time period are prohibited.

(b) Dust, mud and erosion control. During the project, operational procedures must include steps to reduce dust and mud on the site and to reduce dust and mud on adjacent streets from vehicles entering and leaving the site. During the length of the project, the site must be enclosed or protected in a manner to prevent on-site erosion and to prevent sediment from leaving the site as per the Pennsylvania Department of Environmental Protection specifications.

(c) The project must meet the noise regulations of § 300-28C, Noise. Any variances to the noise regulations will be processed as provided for in Article VII.

(d) Community relations. For project staging areas that last more than one year, the public agency must designate a community relations representative for the project. The community relations representative must be available to respond to neighbors related to the operation of the staging area. The community relations representative must also be available to meet on at least a quarterly basis with the affected neighborhood property or and business owners until the staging area is removed.

(e) Final site condition. At the end of the project, the site must be prepared and seeded with a mixture of one-hundred-percent perennial rye grass to create a low-maintenance vegetative ground cover. An exception to this requirement is sites that have paving prior to the start of the project. In these cases, the portion of the site that has paving may remain in paving, and all damages to the paved surface repaired to the applicable standards in the Township Standard Construction Details, attached as an appendix to Chapter 252, Subdivision and Land Development, of the Code of the Township of Butler.[3] All other portions of the site must be seeded as provided above. The ground cover must be installed and maintained to the applicable standards in the Township's Standard Construction Details.

[3] Editor’s Note: Appendix A is included at the end of Ch. 252.

(f) Permits required. Prior to the start of the project, a building, zoning, temporary structure, electrical, fire, or other permits required by Butler Township or any commonwealth or federal agency, must be obtained from the Township or the applicable agency. Applications for the zoning permit must contain evidence that the project will comply with the requirements herein. If the project will be implemented through a contract with the Township, then the evidence of compliance may be shown as specifications in the contract. If the project does not involve a contract with the Township, then at a minimum, evidence of compliance must include performance guarantees to guarantee compliance with the requirements in Subsection D(10)(b), Dust, mud and erosion control, and Subsection D(10)(e), Final site condition, herein. Performance guarantees must comply with the provisions of § 252-13A, Improvement bond, of Chapter 252, Subdivision and Land Development, of the Code of the Township of Butler.

(11) The construction of said temporary structure shall comply with the Pennsylvania Uniform Construction Code.

[Added 12-21-2009 by Ord. No. 845]

E. Temporary uses and temporary structures.

(1) The use of temporary structures shall be authorized only as accessory structures to existing permanent structures.

(2) Temporary structures shall be authorized when a zoning permit has been issued for construction and/or reconstruction of a permanent structure on the site and/or when the temporary structure is needed for temporary business or residential occupancy in instances of catastrophic loss of the original permanent structure. The temporary structure shall not be used for residential purposes while the permanent dwelling is being constructed, except in the case of reconstruction after a catastrophic loss.

(3) Sidewalk sales, carload sales and other special promotions accessory to and on the site of any existing retail establishment conducted with the permission of the landowner shall be authorized for a period not exceeding 72 hours.

(4) Temporary structures shall be approved for a period not exceeding six months in any twelve-month period.

(5) All temporary structures which are proposed to be accessible to the public shall provide parking in accordance with the requirements of § 300-25 of this chapter.

(6) All temporary structures shall comply with the bulk and dimensional requirements of § 300-22B for the zoning district in which they are located.

(7) Temporary structures which are erected for a specific event shall be removed within 48 hours of the completion of the event.

(8) Temporary structures which are proposed to be accessible to the public shall include sanitary facilities, unless such facilities already exist in a permanent structure located within a reasonable distance of the temporary structure.

(9) Vehicular access to all temporary structures which are proposed to be accessible to the public shall be designed to ensure safety, minimize congestion and reduce conflicts with traffic.

(10) The construction of said temporary structure shall comply with the Pennsylvania Uniform Construction Code.

[Added 12-21-2009 by Ord. No. 845]

F. Height exceptions. In all zoning districts, any structure owned and operated by the Township, county, commonwealth, federal government or school district which is proposed to be used only for storage or other uses which do not involve any permanent human occupancy of the structure (excluding commercial communications towers and essential communications towers), shall be exempt from the height limitations of the zoning district in which it is located.

G. Portable storage units.

[Amended 12-18-2017 by Ord. No. 897]

(1) One portable storage unit shall be allowed on a lot.

(2) The portable storage unit may be located in any front, side or rear yard, provided it is at least three feet from any property line and 10 feet from any street curbline or, if there is no curb, from the edge of paving of a public or private street.

(3) Portable storage units that are utilized for the purpose of moving or relocating personal effects or business inventory or equipment shall be permitted to remain on the lot for no more than 60 consecutive days in a calendar year.

(4) Portable storage units that are utilized during repair or reconstruction of a structure on the lot shall be permitted to remain on the lot for no more than 90 consecutive days in a calendar year. Upon demonstration of the continued need for the portable storage unit, the Zoning Officer may grant one extension for a cumulative total of no more than 180 consecutive days in a calendar year.

(5) Portable storage units shall not be permitted as accessory structures on a lot.

H. (Reserved)[4]

[4] Editor’s Note: The content of former Subsection H was moved to § 300-23B(25) 12-18-2017 by Ord. No. 897.

I. Drive-in facilities.

(1) The site shall have frontage on and direct vehicular access to an arterial street or collector street, as defined by this chapter, unless it is located on the site of a shopping center or other multitenant development that has such frontage and access.

(2) In addition to the required parking areas, a minimum of five standing spaces, in tandem, with a minimum length of 100 feet, in direct line with each service position shall be provided for vehicles to wait in line. The standing spaces shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the site. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets or berms.

(3) Entrances, exits and standing spaces shall be adequately indicated with pavement markings or directional signs.

(4) Parking areas and circulation patterns shall be adequately striped and marked to facilitate circulation on the site.

J. Essential communications antennas and commercial communications antennas. An antenna mounted upon a utility pole within a public right-of-way or easement or an existing tower, or building-mounted, may be regarded as an accessory structure, provided that it is clearly incidental and subordinate to the structure upon which it is mounted. Such incidental and subordinate nature shall be determined by whether the proposed antenna meets all performance standards and dimensional standards for the applicable installation, and complies with the regulations set forth below:

[Amended 12-18-2017 by Ord. No. 897]

(1) Building-mounted accessory antennas.

(a) Building-mounted antennas shall not be permitted on any single-family or two-family dwelling.

(b) Building-mounted antennas shall be permitted to exceed the height limitations of the zoning district by no more than 10 feet. Antennas shall not project more than 10 feet above the height of the building on which it is mounted.

(c) Any building-mounted antenna shall be set back from the edge of any vertical wall or edge of a roof by at least the height of the antenna, or utilize stealth technology for installation.

(d) No protuberances or new structure will result in a violation of any side, front or rear yard setback requirement for the district.

(e) The applicant proposing a building-mounted antenna shall submit evidence from a registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building considering wind and other loads associated with the antenna's proposed location.

(f) The applicant shall provide evidence of lease agreements and easements necessary to provide access to the building or structure.

(2) Right-of-way installation upon a nonbuilding structure (utility pole):

(a) Shall only be permitted on an arterial street.

(b) The structure proposed for a pole-mounted accessory antenna shall be located within a public right-of-way or utility easement which is adjacent to a public right-of-way.

(c) Such antennas may be mounted on a new or an existing utility distribution pole, provided that no installation results in a height of greater than 40 feet, and the installation meets requirements of § 300-22J(3).

(d) The applicant shall show evidence of an agreement to mount the accessory antennas with the owner of the existing pole or device.

(e) The placement of the equipment cabinet or equipment building shall not obstruct the free flow of traffic on the site, shall not reduce any parking required or available for other uses on the site and shall not obstruct any right-of-way or easement without the permission of the owner or grantor of the right-of-way or easement.

(f) The applicant shall demonstrate to the satisfaction of the Township that all relevant standards of the Pennsylvania Department of Transportation Highway Occupancy Permit (HOP) Manual (Publication 282, as may be amended).

(g) The developer shall not place accessory antennas upon any new or existing pole which lies in a space between two lines measured from the corners of any principal residential structure perpendicular to any public right-of-way on the same side of the street.

(h) All poles shall contain a permanent label with emergency contact information for the antenna's owner/operator.

(3) Dimensional and performance standards for all accessory antennas installations.

(a) Pole-mounted or building-mounted omnidirectional or whip antennas shall not exceed 10 feet in height or seven inches in diameter. This subsection does not apply to antenna installation upon existing towers; provided said installation is in conformity with § 300- 23J(2)(d).

(b) Directional or panel antennas shall not exceed 10 feet in height or two feet in width.

(c) Satellite or microwave dish antennas mounted on the roof of a building or a self-supported communications tower shall not exceed six feet in diameter,

(d) Satellite and microwave dish antennas mounted on a monopole communications tower or existing essential public utility installation structure shall not exceed two feet in diameter.

(e) Accessory equipment shall be fully screened or within an existing structure. Unless located within a secured building, the equipment cabinet or equipment building shall be fenced by a ten-foot-high chain-link security fence with self-locking gate or similar means to prevent access. If the equipment cabinet or equipment building is visible from any public street or adjoining residential property, the equipment cabinet or equipment building shall be screened by a minimum six-foot-high compact evergreen hedge.

(f) If vehicular access to the equipment cabinet or equipment building is not provided from a public street, paved driveway or paved parking area, an easement or right-of-way shall be provided which has a minimum width of 20 feet and which shall be improved with a dust-free all-weather surface for its entire length.

(g) At least one off-street parking space shall be provided on the site within reasonable walking distance of the equipment cabinet or equipment building to facilitate periodic visits by maintenance workers.

(h) Such accessory antennas shall be of a material or color which closely matches and blends with the existing pole.

K. No-impact home-based business. All no-impact home-based businesses, as defined herein, shall comply with the following:

(1) The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(2) The business shall employ no employees other than family members residing in the dwelling.

(3) There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.

(4) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(5) No on-site parking of commercially identified vehicles shall be permitted.

(6) The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(7) The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(8) The business activity shall be conducted only within the dwelling and shall not occupy more than 25% of the habitable floor area of the dwelling.

(9) The business shall not involve any illegal activity.

L. (Reserved)[5]

[5] Editor’s Note: Former Subsection L, Accessory telecommunications antennas, was repealed 12-18-2017 by Ord. No. 897.

M. Cluster Development in the R-1 District as follows: The intent of this subsection is to permit housing types which facilitate the needs of an aging population and alternative forms of homeownership in a setting that does not increase the density of overall development in an R-1 Zoning District. A cluster development is subject to the approval of the Township as a subdivision and land development.

[Added 12-18-2017 by Ord. No. 897]

(1) No cluster development shall be permitted on a lot of less than 10 acres.

(2) The maximum number of dwelling units permitted shall be no greater than the density (as specifically defined under § 300-9) specifically permitted for single-family dwellings in Table 300 Attachment 1 for the R-1 District as applied to the tract for which the cluster development is proposed.

(3) Permitted dwelling types in a cluster development.

(a) Single-family detached dwellings.

(b) Two-family dwelling or duplex.

(c) Townhouse, provided that no detached townhouse structure shall contain dwellings for more than four families. When used herein, "townhouse" shall mean a residential structure that has three or more dwelling units, each unit being separated from the adjoining unit or units by a continuous unpierced wall or walls extending from the basement or cellar floor, if one exists, or, if a basement or cellar does not exist, from the lowest ground floor to above the roof on a flat roof and to the ridgeline on other roofs, each unit being capable of being separately owned, having its own access to the outside on the ground level, and having no other units above or below.

(4) Other principal uses permitted.

(a) Common open space.

(b) Recreational facilities for residents of the cluster development, limited to swimming pools and nonmotorized play structures.

(c) One clubhouse building for the exclusive use of residents of the cluster development and invited gratuitous guests. Such structure shall be of no greater size than can be shown to clearly meet the needs of residents. The clubhouse shall not count as a dwelling for the purposes of density calculations, but must be placed in compliance with front, rear, and side yard requirements for "all other uses" for the R-1 District in Table 300 Attachment 1.

(5) Setbacks. Clustering (creating a smaller development footprint on a part of the site with greater density) encourages the maximum distance between the cluster development and any abutting preexisting single-family development. Minimum setbacks as set forth in this section shall be increased where necessary to ensure that no dwelling in the cluster development is located within 50 feet of a property line shared with a preexisting single-family dwelling that is not part of the cluster development. The following minimum setbacks shall otherwise be applicable:

(a) Minimum front yard: 25 feet from any property line or public road right-of-way.

(b) Minimum side yard: 25 feet from any property line not part of the cluster development.

(c) Minimum rear yard: 25 feet from any property line not part of the cluster development.

(d) Each detached building within the cluster development shall be at least 10 feet from another building for single units and 20 feet for any other building type within the same cluster development.

(6) Common facilities and common open space. The developer shall create a homeowners' association in conformance with the Uniform Planned Community Act or the Pennsylvania Uniform Condominium Act.[6] Each residential unit, whether single-family home or townhouse, in a cluster development must be a member of such association. Such association must be, and perpetually remain, the owner of all common land and facilities.

[6] Editor's Note: See 68 Pa.C.S.A. § 5101 et seq. and 68 Pa.C.S.A. § 3101 et seq., respectively.

(7) Specific requirements for homeowners' associations.

(a) The developers shall provide to the Township a description of the organization, including its bylaws and methods for maintaining the open space.

(b) Standards for the use of common open space, including means to ensure preservation in perpetuity and clearly delineating any permitted accessory uses or accessory structures permitted in common open space.

(c) The organization shall be established by the developer and shall be operating (with financial subsidization by the developers, if necessary) before the sale of any lots or units within the development.

(d) Membership in the organization is mandatory for all purchasers of property or residential units within the cluster development and their successors.

(e) The organization shall be responsible for maintenance of, and insurance and taxes on, common open space and facilities.

(f) The members of the organization shall share equitably the costs of maintaining and developing common open space and facilities in accordance with the procedures established by them.

(g) In the event of any proposed transfer of common open space land by the homeowners' association within the methods herein permitted, or of the assumption of maintenance of common open space or facilities by the Township as hereinafter provided, notice of such action shall be given to all property owners within the cluster development.

(h) The organization shall maintain all common facilities and open space.

(i) In the event that the organization established to own and maintain a common open space and/or facilities (i.e., common area) or any successor organization shall at any time after establishment of the cluster development fail to maintain such areas in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the cluster development, setting forth the manner in which the organization has failed to maintain the common areas. This notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place for a hearing thereon, which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and/or may give an extension of time within which such deficiencies must be corrected.

(8) Required buffer area. The developer shall install a buffer yard of at least 10 feet in width per § 300-29 along all yard areas that abut existing single-family dwellings. The buffer area width may be counted as part of the required setback.

(9) Sidewalks. The developer shall provide either:

(a) A nonmotorized bicycle and pedestrian trail within common open space, of sufficient size and length to serve the needs of the residents of the development; or

(b) Sidewalks along at least one side of all interior streets.

(10) Application and approval.

(a) The application for subdivision and land development approval pursuant to Chapter 252 shall meet all applicable standards for Articles IV (Development Standards) and V (Required Improvements).

(b) The application shall be accompanied by density calculations and any other information necessary to clearly illustrate that the development would not increase the overall site density than would be permitted for single-family dwellings.

(c) The subdivision and land development plan shall clearly depict all open space areas and include a statement that such open space areas are to be preserved in perpetuity.

(d) A draft of the proposed homeowners' association and/or condominium association incorporation documents and declaration of covenants.

§ 300-23 Standards and criteria for conditional uses and uses by special exception.

In reviewing an application for any use which is listed in a district as a conditional use or special exception, the Township Board of Commissioners or the Zoning Hearing Board, as the case may be, shall determine whether the application complies with the general standards and criteria for conditional uses and special exceptions listed in Subsection A below, as well as the applicable standards and criteria for the specific use listed in Subsection B below.

A. General standards and criteria. In addition to the specific standards and criteria listed for each use in Subsection B below, all applications for conditional use and uses by special exception listed in each zoning district shall demonstrate compliance with all of the following general standards and criteria.

(1) The use, if located on the site where it is proposed, shall not unduly endanger the public health, safety or welfare nor deteriorate the environment.

(2) The use shall comply with the performance standards specified in § 300-28 of this chapter.

(3) The use shall comply with all applicable design criteria of Chapter 252, Subdivision and Land Development.

(4) Ingress, egress and traffic circulation on the site shall be designed to ensure safety and minimize congestion and the impact on local streets.

B. Standards and criteria for specific uses. In addition to the general standards and criteria for conditional uses and special exceptions listed in Subsection A above, an application for any of the following uses which are listed in any zoning district as a conditional use or special exception shall comply with the applicable standards and criteria specified below.

(1) Accessory building(s) larger than 600 square feet in combined gross floor area and private garages larger than 1,200 square feet in combined gross floor area.

[Amended 12-18-2017 by Ord. No. 897]

(a) All bulk and dimensional requirements of § 300-22B and C for private garages shall be met, except that the required side and rear yard setbacks shall be increased by five feet for each additional 150 square feet of gross floor area authorized.

(b) The total area of the rear yard covered by all accessory structures, including the accessory storage structure and private garage, shall not exceed 35%.

(c) The use of the storage structure and/or private garage shall be limited to storage of the personal and household property of the owner or lessee of the lot. No portion of the storage structure or private garage shall be leased, nor shall any person not resident on the lot utilize the storage structure or private garage.

(d) The storage structure or private garage shall not be used for the storage of materials or equipment related to a business, nor shall the storage structure or private garage be used for the conduct of a business or for any dwelling purposes.

(2) Adult services.

(a) No adult services establishment shall be located within 1,000 feet of any property line of any other existing or proposed adult services establishment.

(b) No adult services establishment shall be located within 1,000 feet of any property line of any existing residential dwelling.

(c) No adult services establishment shall be located within 500 feet of any property line of any existing school, hospital, group home, group care facility, transitional dwelling, public park, church or school.

(d) As part of the application for approval, persons or owners who intend to operate an adult services establishment shall submit an application for a license from Butler Township and shall pay an investigation fee established by resolution of the Township Board of Commissioners.[1] Such persons or owners shall supply detailed information as to ownership and financing of the proposed establishment on the licensing application form.

[1] Editor's Note: The schedule of fees is available for public inspection in the office of the Township Manager.

(e) Following zoning approval, subject to issuance of the license, the license shall be renewed annually, following inspection by the Zoning Officer or his authorized representative and recertification of the occupancy permit. Applications for renewal of the license shall be submitted to the Township Manager by November 1 of the year preceding the year for which renewal is sought. Failure to seek timely renewal of the license shall result in revocation of the occupancy permit.

(f) There shall be no noise or vibration along any property line greater than the average noise level occurring on adjacent streets and properties.

(g) All operations shall be conducted within a completely enclosed building, and doors and windows shall remain closed during hours when adult entertainment is presented.

(h) Adult nightclubs shall cease operations between the hours of 2:00 a.m. and 5:00 a.m.

(i) The owner/operator of an adult nightclub shall provide private security, licensed under the laws of the Commonwealth of Pennsylvania, if the maximum permitted occupancy of the adult nightclub exceeds 100 persons.

(j) Adult nightclubs shall provide parking as required by this chapter for restaurants.

(3) Agribusiness.

(a) The minimum site area shall be five acres.

(b) The site shall be the primary residence of the owner or operator of the agribusiness.

(c) At least 50% of the gross sales shall be from products grown, raised, produced or processed on the site.

(d) On sites of less than 10 acres, no fowl or livestock shall be raised; however, products of fowl or livestock raised off the premises may be processed on site.

[Amended 12-21-2009 by Ord. No. 845]

(e) All uses shall comply with the performance standards of § 300-28.

(f) On sites of 10 acres or more, where persons are employed in the processing of agricultural products for sale, one parking space shall be provided on site for each person on the largest shift, in addition to parking for customers as specified herein. A paved parking lot shall not be required; however, the customer parking lot or area shall be at least gravel and may be paved in accordance with § 300-25F.

[Amended 12-21-2009 by Ord. No. 845]

(g) The maximum gross floor area of all structures devoted to the operation of the agribusiness shall be 5,000 square feet.

[Amended 12-21-2009 by Ord. No. 845]

(h) If customers routinely visit the agribusiness, a minimum of five parking spaces shall be provided for structures in which the agribusiness is conducted that have a gross floor area of 1,000 square feet or less. For each additional 1,000 square feet or portion thereof of floor area of the structure in which the agribusiness is conducted, five additional parking spaces shall be provided.

(i) The parking spaces and driveway leading to them from the public street shall be improved with gravel, slag or other aggregate material.

(j) Adequate sanitary facilities available to the public shall be provided.

(k) If required, permits and approvals from the Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services or its successor agency shall be maintained throughout the operation of the agribusiness.

(l) One nonilluminated business identification ground or pole sign shall be permitted on the site, provided the surface area of the sign shall not exceed six square feet and the height of the sign shall not exceed six feet. The sign shall be located at least 10 feet from any property line or street right-of-way line.

(m) Off-premises directional signs shall be permitted in accordance with the requirements of § 300-27E(8) of this chapter.

(4) Agricultural research and development.

(a) The applicant shall provide a written report prepared by a registered engineer certifying compliance with the performance standards specified in § 300-28 of this chapter.

(b) Research and development activities shall not involve the production and/or manufacturing of any product or process being investigated, tested or engineered. The sale of any product or process being investigated, tested or engineered shall be by mail order only.

(c) All research and development activities shall be conducted entirely within an enclosed building.

(d) All materials and equipment shall be stored within a completely enclosed building.

(e) The storage or use of any hazardous or potentially hazardous materials shall be limited to those materials required to be used by or produced in connection with the research and development activity. The transportation, handling, use and disposal of such materials shall conform to all applicable regulations, including, but not limited to, Federal Environmental Protection Agency (EPA) and Pennsylvania Department of Environmental Protection (PADEP) regulations and permit requirements and the edition of the Fire Prevention Code and Uniform Construction Code (UCC).

(f) In approving the use, additional conditions regarding the location, hours of operation, security or other aspects of the research and development activities may be attached to protect adjoining properties and the health, safety and welfare of the general public.

(5) Animal hospital.

(a) In the A-1 District, animal hospitals shall be accessory to a farm or, when proposed as a principal use, shall have a minimum site area of five acres.

(b) In the C-1 and M-1 Districts, no outdoor kennels shall be permitted. Indoor kennel facilities shall be provided only for animals receiving treatment.

(c) In the A-1 District, any outdoor kennels shall be located at least 100 feet from any property line adjoining a residential use or zoning classification and at least 50 feet from any other property line.

(d) Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence with self-latching gate and shall be screened by a buffer area, as defined in this chapter, which is at least five feet in depth.

(6) Airports, aircraft landing fields, including helipads, and aircraft charter, rental and maintenance.

(a) The site shall have frontage on and direct vehicular access to an arterial street or collector street, as defined by this chapter.

(b) All airports and aircraft landing facilities shall be subject to the Airport Zoning regulations as now or hereafter adopted or amended by the Township.

(c) The minimum site required for all such facilities, except helipads, shall be five acres. Helipads shall be authorized only as an accessory use and shall be subject to the minimum site area requirements for the principal use.

(d) All airports and aircraft landing fields, including helipads, shall show evidence of compliance with all Federal Aviation Administration (FAA) and Pennsylvania Department of Transportation (PennDOT) Bureau of Aviation requirements and any other applicable regulatory agency.

(e) Aircraft maintenance facilities shall show proof of filing of applications for permits from and evidence of compliance with all applicable federal and Pennsylvania Department of Environmental Protection (PADEP) regulations governing the storage and disposal of fuel, oil and hazardous materials.

(f) The site of an airport, aircraft landing field, helipad or aircraft charter, rental or maintenance facility shall be completely enclosed by a security fence which is at least eight feet in height.

(g) Approach and departure shall be designed to minimize noise impact on adjacent residential properties, subject to the requirements of the Federal Aviation Administration (FAA).

(h) The perimeter of the site shall be buffered by a combination of earthen mounds and landscaping to minimize the noise and visual impacts on any adjoining residential properties.

(i) Helipads shall be subject to the following additional requirements:

[1] The helipad shall be licensed by the Pennsylvania Department of Transportation Bureau of Aviation.

[2] Helipads are authorized as an accessory use to a hospital.

[3] Helipads are authorized as an accessory use to an authorized business in the C-1, C-2 or M Districts.

[4] Helipads are authorized as an accessory use in the A-1 District, provided the site area is at least 10 acres.

[5] Helipads shall be located at least 200 feet from any property line or public street.

[6] The approved flight path or paths shall be filed with the Township.

[7] The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private use helipad.

[8] The helicopter landing pad shall be paved, level and maintained dirt-free. Rooftop pads shall be free of all loose stone and aggregate.

[9] An application for a helipad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.

(7) Apartment above office or retail.

(a) Dwelling units shall not be located on the street floor of any commercial building.

(b) Dwelling units shall have a minimum habitable floor area of 400 square feet.

(c) Dwelling units in basements or accessory garages shall not be permitted.

(d) Each dwelling unit shall have a separate entrance which does not require passing through any area devoted to office or retail use.

(e) Two off-street parking spaces shall be provided for each dwelling unit.

(8) Automobile wrecking yard or junkyard.

(a) The minimum site size shall be 20 acres.

(b) The premises shall be maintained so as to not constitute a nuisance or a menace to public health and safety.

(c) No garbage or other organic waste shall be stored on the premises.

(d) The manner of storage shall facilitate access for fire-fighting equipment and shall prevent accumulation of stagnant water.

(e) The operation shall comply with the performance standards of § 300-28 of this chapter.

(f) No junk or wrecked vehicles shall be stored or accumulated and no structure shall be constructed within 100 feet of any dwelling unit or within 40 feet of any property line or public street.

(g) The premises shall be enclosed by a metal chain link fence not less than eight feet in height supported on steel posts with a self-latching gate.

(h) The fence shall be supplemented with screening material which creates a visual barrier that is at least eighty-percent opaque.

(i) The operator shall obtain a license from the Township prior to initiating operations which shall be renewable annually upon payment of a fee established by resolution of the Township Board of Commissioners[2] and inspection by the Zoning Officer or his authorized representative to determine continuing compliance with these standards.

[2] Editor's Note: The schedule of fees is available for public inspection in the office of the Township Manager.

(9) Bar or tavern.

(a) All property lines adjoining a residential use or zoning classification shall be screened by a buffer area as required by § 300-29 of this chapter.

(b) Ventilating systems shall be directed away from any adjoining residential properties.

(c) Ingress and egress shall be from an arterial street or collector street, as defined by this chapter. Traffic circulation on the site shall be designed to ensure safety and minimize congestion.

(d) Dumpsters shall be verminproof and shall be properly screened from adjoining residential areas, and the refuse collection area shall be kept clean and free of nuisances or health hazards.

(e) If the bar or tavern adjoins residential properties, doors and windows shall be kept closed after 11:00 p.m., and all activities shall comply with the noise standards of § 300-28 of this chapter.

(10) Bed-and-breakfast.

(a) The minimum lot area required shall be two acres in the A-1 District and 20,000 square feet in the R-2 District.

(b) In the R-2 District, the lot shall have frontage on and direct vehicular access to an arterial street or collector street, as defined by this chapter.

(c) If the property is not served by public sewers, evidence of approval from the Pennsylvania Department of Environmental Protection (PADEP) for on-site sewage treatment for the expanded use of the property as a bed-and-breakfast shall be submitted to the Township.

(d) The operator shall be a full-time resident of the dwelling.

(e) Excluding the bedroom used by the operator of the bed-and-breakfast, the maximum number of sleeping rooms offered shall be related to the size of the lot, as follows:

[1] Twenty thousand square feet to 40,000 square feet: four sleeping rooms maximum.

[2] Forty thousand one square feet to 80,000 square feet: six sleeping rooms maximum.

[3] Over 80,000 square feet: six sleeping rooms plus one additional sleeping room for each 20,000 square feet up to a maximum of 12 sleeping rooms.

(f) Food shall not be served to any customers who are not overnight guests.

(g) The maximum length of stay for any guest shall be 14 days in any calendar year.

(h) One identification sign shall be permitted, and such sign may either be attached to the wall of the building or may be freestanding in the front yard, provided the surface area of the sign shall not exceed six square feet, the height of the freestanding sign shall not exceed four feet and the freestanding sign is located at least five feet from any property line.

(i) The identification sign shall contain no information other than one or more of the following items:

[1] The street address.

[2] The name of the establishment.

[3] The name of the proprietor.

[4] A small logo or other decorative symbol.

(j) In addition to the parking required for the dwelling, one parking space shall be provided for each sleeping room offered to overnight guests.

(k) Off-street parking shall not be located in any required front or side yard. Parking located in the rear yard shall be screened from adjoining residential properties by a compact six-foot-high evergreen hedge.

(11) Billboards.

(a) No billboard shall be located on any property in any A or R classified district.

[Amended 5-16-2011 by Ord. No. 856; 12-18-2017 by Ord. No. 897]

(b) Billboards shall be located within 75 feet of the right-of-way on Pennsylvania Route 422 and Pennsylvania Route 8 in zoning districts where authorized.

[Amended 5-16-2011 by Ord. No. 856]

(c) Billboards shall be freestanding, ground-mounted, single-column-post-supported displays which have no structural contact with any building or other structure.

(d) The minimum surface area of a billboard shall be 100 square feet, and the maximum surface area of a billboard shall be 300 square feet.

(e) The maximum height of the face of the billboard shall be 20 feet, measured between the bottom edge of the sign and the top edge of the sign.

(f) Billboards shall be located so as to be no higher than 40 feet above the curb of the street from which they are intended to be viewed. Billboards which are not at grade shall provide a minimum clearance from the bottom of the sign to grade of 15 feet.

(g) A billboard may have two sign faces per structure placed back-to-back or in a V-shaped configuration on a single support system.

(h) No billboard shall be placed within 500 feet of any R classified property or any public or private school property, park, library or church. This required distance shall be measured along the frontage of the street or highway on which the billboard is located.

[Amended 5-16-2011 by Ord. No. 856]

(i) No part of any billboard shall be located closer than 10 feet to any street right-of-way. Billboards shall be subject to the side yard and rear yard requirements of the zoning district in which they are located, except where the yard adjoins R classified property the minimum yard required shall be 500 feet.

(j) No billboard shall be erected closer than 3,000 feet to any other existing or proposed billboard in any direction, nor shall a billboard be erected closer than 500 feet in any direction to any existing commercial or residential structure.

[Amended 5-16-2011 by Ord. No. 856]

(k) Billboards shall be nonilluminated or by external illumination only, and no direct ray of light shall extend beyond the face of the sign. Without limiting this Subsection B(11)(k), examples of the types of billboards that shall not be permitted within the Township are, but are not limited to, dynamic displays and billboards lit by internal illumination.

[Amended 5-16-2011 by Ord. No. 856]

[1] "Dynamic displays" are defined as a billboard or portion thereof with internal illumination that can be electronically changed by remote or automatic means, or that appears to change or have movement caused by any method other than manually removing and replacing the billboard and its components, whether the apparent movement is in the display or any other component of the billboard. Dynamic displays shall include any video display, flashing or animated display, displays that include intermittent illumination or the illusion of such illumination, light-emitting diodes (LEDs) manipulated through digital input, digital ink, any type of illumination aside from external, or any other method or technology that allows the billboard's face to present a series of images. Dynamic displays shall not, however, include unlit revolving panel displays.

[2] "Internal illumination" is defined as a light source that is concealed or contained within the billboard and becomes visible in darkness through a translucent or transparent surface.

(l) The location of a billboard shall not obstruct visibility of any other business sign, nor shall it obstruct visibility for traffic entering or leaving any property or traveling on any street.

(m) All billboards shall identify the name and address of the owner of the billboard. The owner's name and address shall be located on the structure and shall be placed on an area that can be readily viewed by Township representatives.

[Added 5-16-2011 by Ord. No. 856]

(n) Landscaping requirements.

[Added 5-16-2011 by Ord. No. 856]

[1] A decorative landscaped strip shall be located immediately adjoining the supporting structure of any billboard and shall extend a minimum of five feet from the billboard in all directions.

[2] A hedge or other durable planting of at least two feet in height shall extend the entire length and breadth of the required landscaping strip.

[3] The rear side of a single-face billboard shall be one color and screened by existing or natural landscaping materials or by planting of evergreens at least eight feet tall.

[4] Two flowering trees a minimum of eight feet in height shall be planted within the landscaping strip.

(12) Canopies.

(a) Canopies, as defined herein, shall be permitted to cover outdoor display and sales areas or fuel-dispensing areas accessory to authorized uses in the Commercial and Manufacturing Districts only.

(b) Such structure shall not be attached to the principal building.

(c) Such structure shall be located at least 10 feet from any property line or street right-of-way.

(d) Such structure shall not be enclosed.

(e) Such structure shall be removed immediately once the principal use or the use of the accessory structure is discontinued.

(f) Temporary canopies shall not be permitted over permanent display and sales or fuel dispensing areas. Temporary canopies may be authorized over seasonal display areas for a period of less than one year, provided the requirements of § 300-22E governing temporary uses and structures are met.

(13) Car washing, waxing and detailing.

(a) For car washes with over 1,000 square feet of gross floor area, the minimum site required shall be 20,000 square feet and the site shall have direct access to an arterial street or collector street, as defined by this chapter.

(b) Gasoline pumps for servicing cars may be located on the property; however, the location of the pumps shall comply with federal, state and local codes governing gasoline pumps.

(c) No car repair work and no car lubrication shall be performed on the property.

(d) All automated car-washing facilities shall be located in a completely enclosed building, as defined by this chapter. All other car-washing facilities shall be under a roofed structure which has at least two walls.

(e) Drainage water from the washing operation shall be controlled so as not to become a nuisance or hazard to adjoining properties and so that it does not drain onto berms or streets.

(f) Standing spaces shall be provided in accordance with the requirements specified in § 300-22I for drive-in facilities.

(g) The facility shall be connected to public sanitary sewers.

(14) Cemeteries.

(a) The minimum site required shall be 20 acres.

(b) A drainage plan shall be submitted with the application to show existing and proposed runoff characteristics.

(c) Parking for principal structures such as chapels or mausoleums shall be provided at the ratio of one space for each three seats or 20 spaces for each room without seats.

(d) Interior streets shall be designed to accommodate parking along at least one side of the street without interrupting the free flow of traffic.

(e) The sale of burial items such as caskets, monuments, urns and the like may be conducted as an accessory use to the cemetery, provided adequate off-street parking is provided for the sales area as required by § 300-25H for retail sales and all sales and display areas, other than the display of a representative selection of monuments, is conducted within a completely enclosed building, as defined by this chapter.

(15) Churches and schools, including schools which are not regulated by the Commonwealth Department of Education.

(a) All principal buildings, other than dormitories, shall be located a minimum of 50 feet from any property line adjoining a single-family use or zoning classification. Dormitories shall be located at least 200 feet from any property line adjoining a single-family use or zoning classification.

(b) No storage of equipment or materials shall be permitted outside a completely enclosed building, as defined by this chapter.

(c) All property lines shall be screened by a buffer area as required by § 300-29 of this chapter which is at least 10 feet in depth as measured from the property line.

(d) Schools which are not regulated by the Commonwealth Department of Education shall demonstrate to the Township that they have an organized curriculum, admission and disciplinary policies, personnel policies, and an established governing body subject to written operating policies and procedures.

(e) Dormitories.

[1] If dormitories are proposed accessory to a church or school on a site of 10 acres or less, the maximum number of persons housed shall be 20.

[2] On sites of more than 10 acres, but less than 20 acres, the maximum number of persons housed shall be 100.

[3] On sites of 20 acres or more, there shall be no limitation on the number of persons housed in dormitories.

(16) Comparable uses not specifically listed.

(a) Uses of the same general character as any of the uses authorized as permitted uses, conditional uses or special exceptions in the zoning district may be authorized if it is determined that the impact of the proposed use on the environment and the adjacent streets and properties is equal to, or less than, any comparable use specifically listed in the zoning district. In determining the impact of the proposed use, the following characteristics shall be considered:

[1] The number of employees.

[2] The floor area of the building or the gross area of the lot devoted to the proposed use.

[3] The type of products, materials, equipment and/or processes involved in the proposed use.

[4] The magnitude of walk-in trade.

[5] The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 300-28 of this chapter.

[6] For those uses included in the most recent edition of the Standard Industrial Classification Manual published by the Office of Management and Budget, whether the proposed use shares the same SIC Code or Major Group Number as one or more uses that are specifically listed in the Zoning District.

(b) The proposed use shall comply with all applicable bulk and dimensional requirements of § 300-22 and any applicable standards and criteria of § 300-23 for the most nearly comparable use specifically listed in the zoning district.

(c) The use shall be consistent with the purpose statement for the zoning district contained in § 300-14 and the statement of community development objectives contained in § 300-2 of this chapter.

(17) Commercial composting.

(a) The application shall include a written report prepared by a registered engineer certifying compliance with the performance standards of § 300-28 of this chapter.

(b) If commercial composting is the principal use on the site, the minimum site required shall be five acres. If commercial composting is an accessory use to a farm, only 10% of the land area comprising the farm shall be devoted to commercial composting.

(c) Adequate safeguards shall be provided on the site to protect against dust and other environmental impacts of the operation.

(d) All applicable permits and approvals shall be obtained from the Pennsylvania Department of Environmental Protection (PADEP) and shall be maintained throughout the operation of the facility.

(e) Any suspension or revocation of any applicable federal or state permits shall result in the suspension or revocation of the zoning permit for the facility.

(f) The hauling routes shall be identified.

(g) The facility shall be entirely enclosed by a six-foot-high security fence which is secured by a self-latching gate or gates.

(h) Reasonable hours of operation may be established as a condition of approval.

(i) If recommended by the engineer's report required by Subsection B(17)(a), above, regarding compliance with performance standards, an odor-masking agent shall be utilized on the site.

(j) No dust, mud, composting material, wood chips or other organic material shall be tracked from the site onto adjacent properties or public streets.

(k) Continuous monitoring of the temperature and airflows through composting piles shall be provided. A manual backup system shall be provided for any computerized system.

(l) An auxiliary power supply system shall be provided for the computer system and fans.

(m) The operator shall submit a plan to control environmental hazards and nuisances, as defined by the Environmental Quality Board regulations, which provides for monitoring and testing at specified intervals. Reports of monitoring and testing shall be filed with the Township Zoning Officer or his authorized representative on a quarterly basis.

(18) Conversion of abandoned school or church building.

(a) Any one or more of the following uses may be authorized in a school or church which has been abandoned for school or church purposes:

[1] Day-care center for children or adults, subject to § 300-23B(20).

[2] Nursing home, subject to § 300-23B(43), or personal care home subject to § 300-23B(45).

[3] Multifamily dwellings, subject to the requirements for the R-2 District specified in the Table in § 300-22B.

[4] Public or nonprofit education, civic, cultural, recreational or social center providing services to the general public.

[5] Business or professional offices, if the site is located on an arterial or collector street.

[6] Art, music, dance or photography studio, if the site is located on an arterial street or collector street.

(b) The gross floor area of the existing structure shall not be enlarged; however, alterations or improvements to the existing building may be made to adapt the structure to the proposed use.

(c) The construction of new principal structures shall not be permitted; however, construction of accessory structures to the proposed use may be authorized. Any new accessory structures shall comply with the applicable height, floor area and setback requirements of the zoning district in which the property is located.

(d) Any alterations or improvements to the existing building shall comply with the yard and other applicable area and bulk regulations of the zoning district in which the property is located.

(e) Any alterations or improvements to the existing building shall comply with the Uniform Construction Code (UCC).

(f) Off-street parking shall be provided in accordance with the requirements of § 300-25H for the proposed use or uses.

(g) A buffer area at least 15 feet in depth as measured from the property line shall be provided along all property lines adjoining a residential use or zoning classification. The buffer area shall comply with the provisions of § 300-29A and B.

(19) Crematorium accessory to a funeral home.

(a) A crematorium accessory to a funeral home shall be permitted, provided the site of the funeral home is at least three acres.

(b) The crematory shall not be located within 500 feet of any existing dwelling.

(c) The use shall comply with the performance standards of § 300-28 of this chapter.

(d) The use shall comply with all applicable regulations of the Commonwealth of Pennsylvania.

(20) Day-care centers and preschool facilities.

(a) When located in an A-1, R-1 or R-2 Zoning District, such facilities shall be limited to those located within an existing church, school or hospital.

(b) Day-care centers shall be licensed by the commonwealth.

(c) Adequate access and areas for discharging and picking up children shall be provided.

(d) In the case of preschool facilities which are not required to be licensed by the commonwealth, the provider shall meet the staff to child ratios and the staffing qualifications for administrators, directors, group supervisors, assistant group supervisors, aides and food service workers required by the Department of Public Welfare licensing regulations for day-care centers.

(e) In the case of preschool facilities which are not required to be licensed by the commonwealth, the minimum space requirements per child for outdoor and indoor space and the minimum toilet requirements required by the Department of Public Welfare licensing regulations for day-care centers shall be provided.

(f) Outdoor play areas shall be provided and shall be secured by a fence with a self-latching gate.

(21) Day-care homes.

(a) All of the standards contained in § 300-23B(31) below for home occupations shall be met.

(b) Areas for outdoor recreation shall be provided and shall be secured by a fence with a self-latching gate.

(c) The facility shall be licensed or registered by the commonwealth.

(22) Drive-in theaters.

(a) The minimum site required shall be 10 acres.

(b) The portion of the site containing the viewing screen and projector facilities shall have frontage on and direct vehicular access to an arterial street or collector street, as defined by this chapter.

(c) The site shall not be located within 1,000 feet of any existing dwelling.

(d) No outdoor speakers shall be permitted. A low-wattage radio system shall be provided.

(e) Adequate area shall be provided on the site for cars to stand in line at the admission booths without obstructing the flow of traffic on public streets.

(23) Essential communications towers and commercial communications towers.

(a) In the A-1, R-1, R-2, C-1, C-2 and M Districts, existing essential communications towers may be enlarged, reconstructed, replaced or moved, provided that the installation remains on the same site as the original essential communications tower.

(b) In the A-1 and M Districts, new essential communications towers may be constructed either as a principal use or as an accessory use to a new, expanded or existing facility authorized to operated essential communications towers, as defined herein.

(c) Commercial communications towers, as defined herein, shall be permitted in the M District.

(d) The maximum height of any tower shall be 190 feet. The base of the tower shall be set back from all property lines a minimum of 200 feet. In the case of a lease parcel located within a larger undeveloped host parcel, the setback shall be measured from the boundaries of the host parcel.

(e) Unless the essential communications tower or commercial communications tower is located on a building, the tower structure shall be completely enclosed by a six-foot-high chain link or similar fence with self-latching gate to limit accessibility to the general public, unless the entire property is secured by such a fence.

(f) All guy wires and all guyed towers shall be clearly marked so as to be visible at all times, and all guy wires shall be a minimum of five feet from any property line.

(g) The applicant shall submit evidence that the tower and its method of installation have been designed by a registered engineer to be structurally sound and able to withstand wind and other loads in accordance with the requirements of the Uniform Construction Code (UCC).

(h) The tower shall be subject to any applicable Federal Aviation Administration (FAA) and airport zoning regulations.

(i) No sign or other structure shall be mounted on the tower, except as may be required or approved by the FCC, FAA or other governmental agency.

(j) All lighting, other than that required by the FAA, shall be shielded and reflected away from adjoining properties.

(k) In the A-1 and M Districts, the following shall apply to all essential communications towers constructed on any site where an existing essential communications tower did not previously exist. In the M District, the following shall apply to all commercial communications towers.

[1] No new essential communications tower or commercial communications tower shall be located within 2,000 feet of any property line adjoining any R District.

[2] New essential communications towers and commercial communications towers and their associated structures shall be set back from any residential property line or public street right-of-way a minimum distance which represents 20% of the tower height or 50 feet, whichever is greater.

(l) The owner or operator of any commercial communications tower, as defined by this chapter, shall pay the required registration fee established from time to time by resolution of the Board of Commissioners[3] and shall register with the Township Zoning Officer or his authorized representative, in January of each year, on forms provided by the Township, indicating, at a minimum, the following information:

[1] The name and address of the owner of the essential communications tower or commercial communications tower and telephone number of a contact person in case of emergency.

[2] The name and address of the property owner on which the essential communications tower or commercial communications tower is located.

[3] The location of the essential communications tower or commercial communications tower by geographic coordinates, indicating the latitude and longitude.

[4] Output frequency of the transmitter.

[5] The type of modulation and class of service.

[6] Antenna gain.

[7] The effective radiated power of the antenna.

[8] The number of transmitters and antennas.

[9] A copy of Federal Communications Commission (FCC) authorization.

[3] Editor's Note: The schedule of fees is available for public inspection in the office of the Township Manager.

(24) Essential public utility installations greater than 24 square feet and three feet in height. See § 300-23B(49).

(25) Farmettes.

[Amended 12-18-2017 by Ord. No. 897[4]]

(a) The minimum site area required shall be five acres.

(b) Farmettes may include any of the activities encompassed by agriculture, as defined by this chapter. The farmette shall be limited to personal use and enjoyment, and any sale of animals or produce shall not constitute the principal economic activity of the residents of the farmette. Roadside stands authorized by § 300-30 of this chapter shall not be permitted on farmettes; however, a temporary sign which shall not exceed six square feet in surface area may be erected on the property at least 10 feet from any street right-of-way or property line to advertise the sale of agricultural products raised on the farmette.

(c) The number of animals maintained on a farmette, if any, shall be reasonably related to the size of the property, the area available for grazing and the capacity of the land to sustain the animals without creating a nuisance. Excluding domestic pets, not more than two animals shall be maintained on the first five acres of land and not more than one additional animal shall be maintained for each additional acre of land in excess of five acres, but not more than 10 acres. In addition to animals otherwise permitted, 10 domestic fowl animals, as defined, shall be permitted on a farmette.

[Amended 12-18-2017 by Ord. No. 897]

(d) A farmette shall be for the personal use and enjoyment of the owner and shall not involve rental, boarding or any other profit-making activity. A farmette is not an agricultural operation as defined by the Pennsylvania Municipalities Planning Code.

[Amended 12-18-2017 by Ord. No. 897]

(e) All stables or other buildings in which animals are kept and all storage of manure shall be located as far from property lines as is reasonable, and in no case shall storage of manure or a stable or other building in which animals are kept be located closer than 100 feet to an occupied dwelling, other than the stable owner's dwelling. In no case shall the storage of manure or the stable or other building in which animals are kept be located closer than 50 feet to any property line.

(f) No grazing of any animals shall be permitted closer than 100 feet to any occupied dwelling, including the stable or farmette owner's dwelling. In no case, shall grazing of any animals be located closer than 20 feet to any property line.

(g) A stable or farmette owner shall not permit litter and droppings from the horses or other animals to collect so as to result in the presence of fly larvae or objectionable odors.

(h) The area of the property used for grazing shall be adequately fenced to properly enclose the animals and to protect adjacent properties.

[4] Editor’s Note: This ordinance also redesignated former Subsection B(25) through (65) as Subsection B(26) through (66), respectively.

(26) Golf courses and country clubs.

(a) The minimum site required shall be 10 acres.

(b) The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

(c) Clubhouses shall be located at least 100 feet from any property line adjoining an R classified property and at least 50 feet from all other property lines.

(d) Where eating and/or drinking facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for golf courses.

(e) Operations shall be discontinued between the hours of 2:00 a.m. and 6:00 a.m.

(f) Swimming pools shall be subject to the provisions of § 300-22C(3).

(27) Group care facilities, personal care boarding homes, transitional dwellings and homeless shelters.

[Amended 12-17-2012 by Ord. No. 869]

(a) Where authorized in the A-1, R-1 and R-2 Districts, the site shall have direct access to an arterial street or collector street, as defined by this chapter.

(b) No group care facility, personal care boarding home or transitional dwelling shall be located within 1,000 feet of any other existing or proposed group care facility, personal care boarding home or transitional dwelling.

(c) Where authorized in the A-1, R-1 and R-2 Districts, a group care facility, personal care boarding home or transitional dwelling, where authorized, shall be subject to the bulk and dimensional requirements for single-family dwellings in the district in which it is to be located as specified by § 300-22B of this chapter.

(d) In the R-1 District, a personal care boarding home may be established in an existing dwelling; however, no additions to the dwelling shall be permitted. A new building shall not be constructed for the sole purpose of housing a personal care boarding home. The maximum number of residents permitted in a personal care boarding home in the R-1 District shall be eight.

(e) In the R-2 District, the minimum lot area per resident for group care facilities, personal care boarding homes and transitional dwellings shall be 2,000 square feet of lot area per resident.

(f) The minimum habitable floor area per resident shall be 300 square feet, exclusive of the floor area devoted to nonhabitable areas of the dwelling, such as basements, attics and garages.

(g) Adequate provisions shall be made for access by emergency medical and fire vehicles.

(h) Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

(i) Adequate open space opportunities for outdoor recreation shall be provided on the lot for the residents consistent with their needs, and the area shall be secured by a fence with a self-latching gate. A minimum of 75 square feet of lot area shall be provided for each resident based on the maximum licensed occupancy for outdoor recreation.

(j) The applicants shall demonstrate that residents of the Township and contiguous communities shall be assigned the highest priority when selecting residents for admission to a group home, group care facility, personal care boarding home or transitional dwelling located in the Township.

(k) Where applicable, certification or licensing by the sponsoring agency shall be prerequisite to obtaining an occupancy permit, and a copy of an annual report with evidence of continuing certification shall be submitted to the Zoning Officer or his authorized representative in January of each year.

(l) Residents of homeless shelters may reside in the facility for a maximum of 120 days.

(28) Gun and archery ranges (outdoor).

(a) The minimum site required shall be five acres.

(b) Discharging of firearms and archery shall not be permitted within 500 feet of any existing residence and shall cease between the hours of 8:00 p.m. and 8:00 a.m.

(c) Discharging of firearms and release of arrows shall only be directed at a protective embankment or bunker designed and built to assure that no ricochet of any projectile shall occur.

(d) Except for ranges operated by public safety agencies, any outdoor activity, other than archery or discharging of firearms, conducted within 200 feet of any existing residence shall cease operations between 8:00 p.m. and 8:00 a.m.

(e) Any clubhouse shall be located at least 100 feet from any property line adjoining an existing residence and at least 50 feet from any other property line.

(29) Heavy manufacturing processes.

(a) The application shall include a report from a registered engineer demonstrating compliance with the performance standards of § 300-28 of this chapter.

(b) All manufacturing processes shall be conducted within a completely enclosed building, as defined by this chapter.

(c) The storage, use or manufacture of hazardous or potentially hazardous materials shall be limited to those materials required to be used by or produced in connection with the manufacturing process and shall be stored in a secured area for the minimum period of time necessary to permit their expeditious use. All transportation, handling, use and disposal of such materials shall conform to all applicable standards, including, but not limited to, Federal Environmental Protection Agency (EPA) and Pennsylvania Department of Environmental Protection (PADEP) regulations and permit requirements and the edition of the Fire Prevention Code and Uniform Construction Code currently in effect in the Township.

(d) All property lines adjoining a residential use or zoning classification shall be screened by a buffer area as required by § 300-29 of this chapter which is at least 15 feet in depth as measured from the property line.

(30) Helipad. See § 300-23B(6).

(31) Home occupations.

(a) There shall be no external evidence of the use other than a small nameplate attached to the wall of the residence, no larger than two square feet indicating only the name and occupation of the resident.

(b) No person other than full-time residents of the dwelling shall be employed.

(c) No more than 10% of the gross floor area of the dwelling shall be devoted to the conduct of a home occupation.

(d) A home occupation shall not be permitted to be conducted in any accessory structure.

(e) The use shall not create any additional environmental impact than those impacts normally resulting from residential use.

(f) The use shall not cause an increase in the use of water, sewerage, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.

(g) The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of the structure.

(h) There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

(i) There shall be no storage of materials or equipment outside an enclosed building.

(j) The conduct of any home occupation, including, but not limited to, the storage of goods or equipment, shall not reduce or render unusable areas required for off-street parking for the dwelling unit.

(k) The use shall not create greater vehicular or pedestrian traffic than that which is normal for the residences in the neighborhood.

(l) Any need for parking generated by the conduct of a home occupation shall be met off the street.

(m) There shall be no regular display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for off-site delivery only.

(n) The home occupation shall not involve the use of advertising signs on or off the premises or any other local advertising media which shall call attention to the fact that the home is being used for business purposes other than a telephone listing or small classified ad briefly describing the service and providing only a telephone number.

(o) The following uses shall not be considered to be home occupations and shall be limited to the districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception:

[1] Animal hospital, veterinary office or clinic.

[2] Arts, crafts and ceramics studios.

[3] Beauty shops and barbershops.

[4] Clinics, hospitals and nursing homes.

[5] Kennels; pet services.

[6] Mortuaries.

[7] Private clubs.

[8] Private instruction of more than two students at a time.

[9] Repair facility.

[10] Restaurants or tearooms.

[11] Boarding stables or riding academies.

[12] Vehicle or equipment rental or sales.

[13] Any modification or fabrication of raw materials into finished products.

(p) Any activity within a dwelling which would otherwise be defined as a home occupation shall not require approval of a use by special exception if it is performed fewer than 12 times in any one-year period.

(32) Hospitals.

(a) The minimum site required shall be one acre.

(b) The site shall have frontage on and direct vehicular access to an arterial street or collector street, as defined by this chapter.

(c) Hospitals shall be licensed by the commonwealth.

(d) The site shall be designed to provide maximum accessibility for emergency and public safety services.

(e) Adequate areas shall be provided on the site for dropping off and picking up patients.

(f) Helipads, if proposed as accessory to a hospital, shall meet the applicable standards of § 300-23B(6).

(33) Hotel or motel.

(a) All property lines adjoining a residential use or zoning classification shall be screened by a buffer area as required by § 300-29 of this chapter which is at least 15 feet as measured from the property line.

(b) The site shall have frontage on and direct vehicular access to an arterial or collector street.

(c) Ingress, egress and internal traffic circulation shall be designed to minimize the impact on adjoining residential properties and local streets.

(d) If a restaurant is proposed as part of the motel or hotel, the ventilating system shall be directed away from residential properties and the dumpsters shall be verminproof and shall be properly screened from any adjoining residential properties and the refuse collection area shall be kept free from nuisances or health hazards.

(34) Independent-living facility and/or assisted-living facility.

(a) The minimum site area required for an independent-living facility or assisted-living facility shall be five acres.

(b) The dwelling unit density shall not exceed 12 dwelling units per acre.

(c) Off-street parking shall be provided at the rate of one parking space for each staff person on peak shift, plus one parking space for each dwelling unit, plus one parking space for each 10 dwelling units to be designated for visitor parking.

(d) Common outdoor open space shall be provided on the site to accommodate the leisure and recreational needs of the residents. These areas shall be adequately buffered from any commercial uses on adjoining properties.

(e) The facility shall be designed to maximize accessibility by fire-fighting and emergency vehicles.

(f) The facility shall be designed to provide a protected off-street area for dropping off and picking up residents.

(g) An independent-living facility or assisted-living facility shall include a common dining area and common leisure and/or recreational areas.

(h) Supporting uses.

[1] An independent-living facility or assisted-living facility may include one or more of the following supporting uses, subject to approval by the Zoning Hearing Board as part of the application for the use by special exception:

[a] Postal station.

[b] Banking facility.

[c] Pharmacy and/or medical offices.

[d] Personal services, such as beauty shop, barbershop, dry cleaner's valet, common laundry.

[e] Ice cream parlor and/or flower or gift shop.

[f] Taxi, van or similar transportation service.

[2] The foregoing uses shall be restricted to use by the residents and staff only and shall be located within the principal building or buildings which contain the dwelling units. There shall be no exterior signs or other evidence of the uses visible from the outside of the residential buildings.

(35) Indoor amusement.

(a) The site shall have frontage on and direct vehicular access to an arterial street or collector street, as defined by this chapter.

(b) All activities shall be conducted within a completely enclosed building, as defined by this chapter.

(c) All activities shall comply with the noise standards of § 300-28 of this chapter.

(d) All parking areas facing a residential use or zoning classification shall be screened by a buffer area as required by § 300-29.

(36) Juvenile incarceration facility.

(a) Any expansion, change of use or change in the level of custody that is not approved as part of the original conditional use application shall be subject to resubmission and approval of a revised conditional use application to determine continued compliance with these criteria.

(b) The juvenile incarceration facility shall comply with and shall provide evidence of all applicable licenses and approvals required by 42 Pa.C.S.A. § 6301 et seq., known as the "Juvenile Act," as amended.

(c) The minimum site required shall be 10 acres. On properties containing at least 10 acres, but no more than 15 acres, no more than 50 juveniles shall be housed. On properties containing more than 15 acres, but less than 20 acres, no more than 75 juveniles shall be housed. The minimum site required to house more than 75 juveniles shall be 20 acres.

(d) Buffer Area A, as defined by § 300-29 of this chapter, shall be installed and maintained along all property lines, regardless of the adjoining zoning classification.

(e) The minimum front yard shall be 75 feet.

(f) The minimum side or rear yard adjoining a single-family dwelling or zoning classification shall be 100 feet. All other side and rear yards shall be 50 feet.

(g) Minimum lot width shall be 200 feet.

(h) Maximum lot coverage shall be 35%; maximum paved area shall be 20%.

(i) Off-street parking shall be provided in accordance with the standards of § 300-25, based on the ratio of one space for each employee working on peak shift, plus one space for each five residents to accommodate visitors, counselors, tutors or other personnel who visit the site, but do not work on the site on a daily basis.

(j) Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring or licensing agency.

(k) A security system, appropriate to the level of custody provided for the residents, shall be installed to control ingress and egress to the structure and to secure the perimeter of the site, subject to applicable state regulations.

(l) The administrator of the facility shall file an emergency management plan, including planned response to fire, security and medical emergencies with the Township Manager, the Township Police Department, the emergency medical service and the responding fire companies.

(m) Adequate provisions shall be made for access to all areas of the property and the structure by emergency medical, fire and public safety vehicles.

(n) The applicant shall present evidence of an approved zoning permit as a condition precedent to obtaining an occupancy permit.

(o) The applicant shall comply with fire protection provisions of the current edition of the Uniform Construction Code or Fire Prevention Code.

(p) The applicant shall present evidence to the Zoning Officer of all other necessary approvals and permits from applicable federal, state and local regulatory agencies as a condition precedent to obtaining an occupancy permit.

(q) The occupancy permit shall be conditioned upon the applicant presenting to the Zoning Officer on or before January 31 of each year, evidence of continuing validity of any license issued by the commonwealth.

(r) Violation of any of the conditions attached to the approval of the conditional use application, including noncompliance with the express standards and criteria of this subsection, shall result in revocation of the occupancy permit.

(s) Any suspension or revocation of any required license or certification by any federal, state or county agency shall result in the automatic suspension or revocation of the occupancy permit. Reinstatement of the occupancy permit shall be subject to submission of all valid certifications and licenses and certification by the Zoning Officer that there is continuing compliance with all conditions attached to the approval of the conditional use.

(t) Conditional use approval shall expire automatically, without written notice to the applicant, if no application for a grading permit, zoning permit or an occupancy permit to undertake the construction or to authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless the Board of Commissioners, in its sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

(u) Conditional use approval shall be valid for one year from the date of approval by the Board of Commissioners and shall be renewed annually by submitting evidence of compliance with the original conditional use approval to the Zoning Officer. Renewal shall not require processing of an application for conditional use approval unless the Zoning Officer determines that there have been substantive changes warranting an amended conditional use application.

(37) Kennels, riding academies, boarding stables, private stables and raising of fur-bearing animals.

(a) Such use shall be accessory to a farm or, when proposed as a principal use, shall have a minimum site of 10 acres.

(b) Buildings housing animals shall be located at least 200 feet from any property line.

(c) All training areas and bridle paths shall be adequately fenced and secured to protect adjoining properties.

(d) Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence with a self-latching gate and shall be screened from view from adjoining properties on which there are existing residences by a buffer area as required by § 300-29.

(38) Life care community.

(a) The minimum site required shall be five acres.

(b) The site shall have frontage on and direct access to an arterial street or collector street, as defined by this chapter.

(c) The site shall be served by public water and public sewers.

(d) A life care community shall include one of the following dwelling types:

[1] Single-family dwellings.

[2] Two-family dwellings.

[3] Townhouse buildings.

[4] Garden apartment buildings.

(e) In addition to the foregoing dwelling types, a life care community shall include the following supporting uses:

[1] Common leisure and/or recreational areas.

[2] Common dining area.

[3] Nursing home and or personal care home, licensed by the commonwealth, assisted-living facility and/or independent-living facility.

(f) If a nursing home is proposed as part of the life care community, it shall be subject to the provisions of § 300-23B(43), below.

(g) The following accessory uses may be incorporated into a residential building, provided they are designed and intended exclusively to serve the residents of the life care community: congregate dining facilities, bank, laundry or dry-cleaning pickup, card or gift shop, convenience food store and medical or dental offices. There shall be no signs or other external evidence of the nonresidential uses.

(h) The maximum dwelling unit density permitted in a life care community shall be 12 dwelling units per acre. The calculation of dwelling unit density shall not include beds in a nursing home or personal care boarding home.

(i) All principal and accessory structures shall be located at least 50 feet from any boundary around the perimeter of the site proposed for a life care community.

(j) A buffer area, as required by § 300-29 of this chapter, that is at least 15 feet in depth as measured from the property line shall be provided within the perimeter setback required by Subsection B(38)(i), above.

(k) There shall be a minimum of two parking spaces for each single-family dwelling and one parking space for each other type of dwelling unit, plus one parking space for each employee on peak shift. In the event that a nursing home or personal care boarding home is proposed, parking shall be provided in accordance with the requirements of § 300-25 of this chapter for those uses. Additional parking for the supporting uses intended for the residents and their invited guests shall not be required.

(l) Sidewalks shall be provided to connect buildings, common outdoor areas and parking areas.

(m) The site design shall include outdoor common areas, gathering places and passive or active recreation facilities appropriate to the needs of the residents. Common outdoor areas shall be attractively landscaped.

(39) Lodges and fraternal and social organizations.

(a) Any establishment which includes a restaurant shall meet the parking requirements for restaurants specified in § 300-25 in addition to the parking requirements for lodges and fraternal and social organizations.

(b) All property lines which adjoin a residential use or zoning classification shall be screened by a buffer area as defined by § 300-29 which is at least 15 feet in depth as measured from the property line.

(c) Any rental of the facility to nonmembers shall require on-site security personnel during the event.

(d) Swimming pools shall be subject to the provisions of § 300-22C(3).

(40) Mini warehouses and self-storage facilities.

(a) The minimum site required shall be five acres.

(b) The site shall have direct vehicular access to an arterial or collector street, as defined by this chapter, and access shall not be through any public street on which the current use of the majority of lots fronting on the street is single-family dwellings.

(c) Vehicular access to the site shall be limited to one two-way or two one-way driveways from each arterial or collector street on which the site has frontage.

(d) All one-way driveways shall have a minimum of one fifteen-foot travel lane where the storage units are located inside an indoor climate-controlled facility. One ten-foot parking lane shall be provided between the building and the travel lane and pedestrian walkways shall be provided from the parking lane to the entrance(s) to the building.

(e) All two-way driveways shall provide a minimum of one ten-foot parking lane, plus one twelve-foot travel lane. Parking lanes may be eliminated where the driveway does not serve storage units which are accessed directly from the driveway.

(f) All interior driveways shall be paved with an impervious surface sufficient for the loads the driveways are expected to bear.

(g) Parking shall be provided in accordance with the following requirements:

[1] Two spaces for manager's quarters.

[2] Where storage units are located inside an indoor climate-controlled building and parking is not provided along the access driveways, one space for each 10 storage units equally distributed throughout the storage area.

[3] One space for each 25 storage units, which spaces shall be located outside the secured area near the manager's quarters or rental office to be used by prospective clients.

(h) A buffer area, as defined herein, shall be provided along all property lines which adjoin a residential use or zoning classification which shall be a minimum of 15 feet in depth as measured from the property line in accordance with § 300-29.

(i) The perimeter of the site shall be fenced with a minimum eight-foot-high fence with a self-latching gate. The fence shall be supplemented with screening material which creates a visual barrier that is at least eighty-percent opaque.

(j) The maximum building height shall be 20 feet.

(k) The minimum distance from the face of any storage building to the face of any adjacent storage building shall be 28 feet for storage units which are less than 15 feet in depth and 42 feet for storage units which are more than 15 feet in depth.

(l) The minimum distance from the end of the storage building to the end of any adjacent storage building shall be 20 feet.

(m) The maximum length of any storage building shall be 200 feet.

(n) The maximum size of any storage unit shall be 14 feet wide, 40 feet deep and one story and no more than 20 feet in height. If storage units are placed back-to-back, the maximum width of the building shall not exceed 40 feet.

(o) The maximum lot coverage by all buildings shall be 40%.

(p) Office space may be provided which shall not exceed 5% of the total floor area devoted to storage.

(q) No storage shall take place outside of an enclosed building.

(r) Storage units shall not be equipped with water or sanitary sewer services.

(s) No business activity other than rental of storage units shall be conducted on the premises.

(t) Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing debris and dust shall not be created.

(u) Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.

(v) The design of the storage buildings shall be sealed by a Pennsylvania registered architect.

(w) No signs shall be placed on the buildings or on their rooftops.

(x) One freestanding business identification sign shall be permitted which complies with the requirements of § 300-27 of this chapter for the zoning district in which the use is located.

(y) No hazardous materials or substances shall be permitted to be stored in the storage buildings other than those permitted by the Uniform Construction Code or Fire Prevention Codes. Both the landlord and the tenants of the storage buildings shall be responsible for the prevention of the storage of hazardous materials or substances in the storage buildings that would be beyond the allowance of the Township Building or Fire Prevention Codes. All other aspects of the facility shall comply with all local fire prevention codes.

(z) A minimum of one fire hydrant shall be provided on the site, subject to the approval of the number and location of hydrants by the Township Zoning Officer or his authorized representative.

(41) Mobile home parks.

(a) The minimum site area required shall be five acres.

(b) The mobile home park shall comply with all standards specified in Article VI of Chapter 252, Subdivision and Land Development.

(42) Nightclubs which offer adult entertainment. See adult services regulations in § 300-23B(2).

(43) Nursing homes, public or private.

(a) The facility shall be licensed by the commonwealth.

(b) The site shall have frontage on and direct vehicular access to an arterial street or collector street, as defined by this chapter.

(c) All property lines adjoining a residential use or zoning classification shall be screened by a buffer area as required by § 300-29 of this chapter which is at least 10 feet in depth as measured from the property line.

(44) Oil and gas drilling and related activities are regulated by Chapter 204 of the Code of Butler Township, under the title "Natural Gas and Oil Extraction."

[Amended 12-17-2012 by Ord. No. 869]

(45) Personal care boarding home. See § 300-23B(27).

(46) Prison.

(a) Any new construction, expansion or change of use or change in the level of custody within the prison which was not approved as part of the original conditional use application shall be subject to resubmission and approval of a revised conditional use application to determine continued compliance with these criteria.

(b) The site shall have frontage on a street defined by this chapter as an arterial or collector street. Vehicular access shall be directly to the arterial or collector street.

(c) In the event that the site has frontage on more than one arterial or collector street, the vehicular access to the site shall be provided only from the street which has the higher volume of traffic.

(d) The conditional use application shall include a traffic study prepared by a qualified traffic engineer which details the nature and extent of trip generation expected to result from the proposed development based on the ratios and methodology contained in the current edition of the Manuals of the Institute of Transportation Engineers. The report shall include current and projected capacities and levels of services of all streets and intersections within 1,000 feet of the entire perimeter of the site proposed for development and recommendations for improvements to streets and/or traffic control devices within the site or immediately adjacent to the site.

(e) Perimeter security, as defined herein, shall be provided appropriate to secure the highest level of custody, as defined herein, to be provided at the prison.

(f) All outdoor activity areas shall be located inside the required perimeter security.

(g) The maximum height of the prison building shall be five stories and no more than 60 feet.

(h) The minimum institutional buffer, as defined herein, required for all prisons, regardless of level of custody provided within the prison, shall be 250 yards.

(i) Off-street parking for prisons which do not house any inmates with a level of custody of 3 or greater may be located within the institutional buffer. Off-street parking for levels of custody 3 through 5 shall be located outside the institutional buffer.

(j) The off-street parking required shall be based on the ratio of one parking space for each employee working on peak shift. Additionally, in the case of a state or federal prison or a private prison which is operated under contract with the state or federal government, one space for each 10 inmates housed shall be provided for visitors, including family, friends, counselors, attorneys, medical personnel and others who visit the site, but do not work on the site on a daily basis. In the case of county prisons or private prisons operated under contract with the county, one space for each four inmates housed shall be provided for visitors, including family, friends, counselors, attorneys, medical personnel and others who visit the site, but do not work on the site on a daily basis.

(k) The parking ratio for offices and other administrative facilities, including court rooms, shall be determined by the ratios required by § 300-25 for professional and business offices and indoor places of assembly and shall be in addition to the spaces required by this subsection for employees and visitors.

(l) Any property line of the site of the prison which fronts on a public street or is visible from an adjacent residential or commercial use shall be screened by a buffer area, as required by § 300-29 that is 25 feet in depth as measured from the property line.

(m) All other property lines of the site of the correctional facility shall be screened by a buffer area, as required by § 300-29 that is 15 feet in depth as measured from the property line.

(n) The required plantings shall be located beyond the limits of the required institutional buffer in a location which maximizes their effectiveness while not compromising the security of the correctional facility.

(o) The Chief Administrator of the facility shall file an emergency management plan, including the planned response to fire, security and medical emergencies, with the Board of Commissioners, Township Police Department, emergency medical service and the Township Fire Department for review and comment as part of the conditional use application and shall file an updated plan with each of these agencies annually by January 31 of each year after the facility is occupied. The emergency management plan shall include a proposal to provide an automatic alarm to the Township Police Department and a unique audible warning signal acceptable to the Township to warn the community in the event of a breach of security. Such warning signal shall be differentiated from other warning signals used by public safety and other public or private facilities in the area, and the design and intensity of the warning signal shall be based on the location of the correctional facility, characteristics of the surrounding physical environment and the proximity of commercial and residential uses. Failure to timely file an emergency management plan or an updated plan or to properly maintain in working order the audible warning signal may be treated by the Township as a violation of this chapter, and each day that a violation occurs shall be subject to the enforcement remedies contained in § 300-54 of this chapter.

(p) Fire alarm and fire suppression systems shall be provided in accordance with the requirements of the Township Fire Prevention Code and the Uniform Construction Code.

(q) The applicant shall provide evidence of all required federal, state or county permits prior to issuance of the occupancy permit and shall maintain valid permits throughout the operation of the facility. Any suspension or revocation of the permits required to operate the facility shall result in automatic revocation of the occupancy permit by the Township. Reinstatement of the occupancy permit shall be subject to submission of all valid permits and a certification by the Zoning Officer regarding continued compliance with all conditions attached to approval of the conditional use. Failure to maintain valid permits as required throughout the operation of the facility may be treated by the Township as a violation of this chapter, and each day that a violation occurs shall be subject to the enforcement remedies contained in § 300-54 of this chapter.

(r) The Chief Administrator shall supply an annual report to the Zoning Officer by January 31 of each year which indicates the peak prisoner population on any given day in the previous calendar year as a basis for the Zoning Officer to determine continued compliance with parking requirements and other conditions of approval. Failure to file the required annual report may be treated by the Township as a violation of this chapter, and each day that a violation occurs shall be subject to the enforcement remedies contained in § 300-54 of this chapter.

(s) All correctional facilities, whether governmental, quasi-governmental or private, shall be designed to meet the current performance criteria of the American Correctional Association (ACA) and the Pennsylvania Department of Corrections. In the event of a conflict between these criteria, the more restrictive shall apply.

(t) In correctional facilities which contain several levels of custody, the design of the facility shall be such that there shall be no commingling of levels of custody and that sally ports or other entrances used by inmates, including work release inmates, are separate from entrances used by the general public.

(47) Private stables. See § 300-23B(37).

(48) Public buildings, libraries, emergency medical, police and fire stations.

(a) The minimum site required shall be one acre.

(b) Ingress and egress for emergency medical, police and fire stations shall be located so as to maximize sight distance along adjacent public streets.

(c) Fire stations and municipal maintenance facilities shall be located on the site so that vehicles and equipment can be maneuvered on the site without interrupting traffic flow or blocking public streets.

(d) Any outside storage of materials or equipment shall be screened from public view by a six-foot-high compact hedge or opaque fence.

(49) Public utility installations, essential and all others.

(a) Transmission facilities and towers which exceed the height limitations of the district shall be certified by a registered engineer as being structurally sound and able to withstand wind loads and provided that the minimum required yards are increased by one foot for each foot above the height limitations of the zoning district.

(b) Distribution equipment which is not within a completely enclosed building, as defined by this chapter, shall be secured by a fence at least six feet in height with a self-latching gate with a lock.

(c) Water towers shall comply with the applicable laws of the commonwealth regarding construction and operation of the facility.

(d) Aboveground storage facilities may exceed the height limitations of the district, provided that they are at least 200 feet from any dwelling.

(e) All water towers shall comply with the bulk and dimensional requirements for principal structures specified in § 300-22B of this chapter for the district in which they are located, except as modified by § 300-23B(49)(c) above.

(f) In the R-1 and R-2 Districts, there shall be no outside storage of materials or service equipment.

(50) Recreation, active.

[Amended 12-17-2012 by Ord. No. 869]

(a) The minimum site for an active recreation site is five acres.

(b) The site proposed for active recreation shall have frontage on and direct vehicular access to an arterial or collector street, or the nearest site boundary shall be located no more than 1,000 feet, measured along public street rights-of-way, from an intersection with an arterial or collector street.

(c) The minimum setback for all principal and accessory structures, including playing surfaces, for active recreation shall be 300 feet from any property line adjoining an A-1, R-1 or R-2 District and shall be 100 feet from any property line adjoining any other zoning district.

(d) Along all property lines adjoining property in an A-1, R-1 or R-2 District, a buffer area required by § 300-29 that is at least 10 feet in depth as measured from the property line shall be provided for an adequate distance along the property line to screen all parking areas, principal structures and facilities associated with passive recreation.

(e) Along all property lines adjoining property in an A-1, R-1 or R-2 District, a buffer area as required by § 300-29 that is at least 25 feet in depth as measured from the property line shall be provided for an adequate distance along the property line to screen all parking areas, principal structures and intensively used areas such as playing fields or courts, bleachers, pavilions, concession stands and similar facilities associated with active recreation.

(f) The maximum height for a principal structure used for the purpose of active recreation shall not exceed 70 feet; all other performance standards of § 300-28 of this chapter shall apply.

(g) All lighting shall be shielded away from adjoining streets and properties.

(h) Poles supporting light fixtures shall be set back from property lines a distance equivalent to their height if there are existing dwellings on immediately adjacent property.

(i) Any outdoor facilities shall cease operations at 11:00 p.m.

(j) If outdoor loudspeakers are proposed, the applicant shall present a plan for noise attenuation.

(k) For active recreation uses, a plan for security and traffic control during events shall be presented.

(l) Adequate security shall be provided when the site is not in use.

(51) Recreational vehicle park.

(a) The minimum site required shall be 10 acres.

(b) The minimum berth or parking space assigned to each recreational vehicle shall be at least 1,500 square feet in area and shall not be less than 30 feet in width.

(c) A dust-free all-weather surface shall be provided for all streets, driveways and parking areas.

(d) Electric, water and sanitary facilities shall be provided on the site. Water and sanitary facilities shall meet the requirements of the Pennsylvania Department of Environmental Protection (PADEP).

(e) Utility hookups shall be provided for each berth.

(f) Permanent foundations for recreational vehicles shall not be required.

(g) The perimeter of the recreational vehicle park shall be screened by a buffer area as required by § 300-29 of this chapter which is at least 10 feet in depth as measured from the property line.

(h) A perimeter setback of 100 feet shall be maintained along all exterior property lines of the site in which no structures or vehicle parking of any kind shall be permitted.

(i) No recreational vehicle shall be occupied as a permanent year-round residence.

(j) Recreational facilities and service facilities appropriate to the size of the park shall be provided by the operator, subject to approval by the Township. Facilities that may be proposed include picnic areas, fishing areas, tot-lots, ball fields, campfire areas or outdoor fireplaces and other outdoor recreational facilities, rest rooms, showers, laundry facilities, sale of gasoline and convenience items, game rooms, video rental and similar services directly related to the travel and recreation needs of the campers. These facilities shall be centrally located on the site and shall not be located within 200 feet of any side or rear property line which adjoins a residential use.

(52) Religious site.

(a) The minimum site area shall be 50 acres.

(b) The site shall be served by public water and public sewers.

(c) Temporary structures shall not be permitted on the site.

(d) Off-street parking shall be provided in accordance with the Table of Minimum Requirements in § 300-25H for places of assembly (either open or enclosed) and/or for any other applicable listed use. One parking space shall be provided for each sleeping unit in a cabin or dormitory.

(e) If the religious site is proposed to be located on property which contains a church, as defined herein, the requirements of this § 300-23B(52) shall be in addition to the requirements of § 300-23B(15) for churches.

(f) Outdoor speakers shall not be permitted.

(g) The number of sleeping units in camp cabins or retreat dormitories shall not exceed five units per acre of land devoted to the religious site.

(h) Assembly halls, administrative offices and dining facilities shall be located a minimum of 500 feet from a property line which adjoins any property containing an existing single-family or two-family dwelling or an R-1 or R-2 zoning classification.

(i) The location of buildings and structures, the pattern of traffic circulation and the parking areas shall be designed to provide adequate access for emergency medical vehicles and fire-fighting equipment.

(j) If the facility contains horse stables and/or bridle paths, buildings housing animals shall be located at least 200 feet from any property line, and bridle paths and training areas shall be adequately fenced and secured to protect adjoining properties.

(k) Outdoor activities shall cease at dusk, prevailing time, and shall not begin until 7:00 a.m.

(53) Repair facilities.

(a) For repair facilities that are devoted to the repair of vehicles, equipment or large appliances, with a gross floor area of 1,000 square feet or more, the minimum site area shall be 20,000 square feet. There shall be no minimum lot area required for repair facilities devoted to the repair of small appliances and equipment that can be hand-carried.

(b) Repair facilities devoted to the repair of vehicles, equipment or large appliances shall be located no closer than 100 feet to any property in any R-1 or R-2 District. All property lines adjoining property in any R-1 or R-2 District shall be screened by a buffer area as required by § 300-29 that is at least five feet in depth as measured from the property line.

(c) (Reserved)[5]

[5] Editor's Note: Former Subsection B(52)(c), regarding repair facilities for small appliances and equipment, was repealed 12-21-2009 by Ord. No. 845.

(d) There shall be no storage of dismantled vehicles, materials or equipment outside of an opaque fence or hedge six feet in height.

(e) All repair work shall be performed within a completely enclosed building which has adequate ventilation and fire protection provisions.

(f) All towed vehicles must be stored on the premises, and no vehicle shall be stored or dismantled on any public street.

(g) The premises shall be kept clean and free from debris and shall be maintained so as not to constitute a nuisance or a menace to public health and safety.

(h) All activities shall comply with the performance standards of § 300-28 of this chapter.

(i) All refuse shall be stored in a completely enclosed container that is screened from adjoining properties by a six-foot-high compact evergreen hedge or solid fence.

(54) Research and development.

(a) The applicant shall provide a written report prepared by a registered professional engineer certifying compliance with the performance standards specified in § 300-28 of this chapter.

(b) Research and development activities shall not involve the full-scale manufacturing of any product being tested or engineered.

(c) All research and development activities shall be conducted entirely within an enclosed building.

(d) All materials and equipment shall be stored within a completely enclosed building.

(e) The storage or use of any hazardous or potentially hazardous materials shall be limited to those materials required to be used by or produced in connection with, the research and development activity. The transportation, handling, use and disposal of such materials shall conform to all applicable standards, including, but not limited to, Federal Environmental Protection Agency (EPA) and Pennsylvania Department of Environmental Protection (DEP) regulations and permit requirements and the Township Fire Code and Uniform Construction Code (UCC).

(55) Schools. See § 300-23B(15).

(56) Single-family and two-family dwellings in a C-2 Zoning District.

(a) The minimum bulk and dimensional requirements for single-family dwellings and two-family dwellings in the R-2 District specified in § 300-22B of this chapter shall be applicable to the respective uses.

(b) Single-family dwellings shall be permitted only on a lot, as defined herein, provided there is an existing single-family dwelling on at least one adjoining property that is also zoned C-2.

(c) The lot shall have frontage on a public street.

(57) Single mobile home.

(a) The mobile home shall be connected to all available utilities.

(b) The mobile home shall be installed on a permanent foundation, as required by the Uniform Construction Code (UCC), and shall be skirted.

(c) The minimum lot area shall be the minimum area required by § 300-22B of this chapter for a principal dwelling structure in the district in which it is located.

(58) Solid waste disposal, storage and transportation.

(a) The minimum site shall be 200 acres.

(b) The site shall have frontage on and direct vehicular access to an arterial street or a collector street, as defined by this chapter.

(c) Landfill operations shall not be conducted within 500 feet of any perimeter property lines which adjoin R classified property.

(d) Fencing at least 12 feet in height shall be provided around any work area for security and to control windblown refuse.

(e) Fencing which faces any property line adjoining R classified property or a public street shall be supplemented by screening which is at least eighty-percent opaque.

(f) No hazardous waste or construction debris shall be accepted for storage at the landfill.

(g) The applicant shall demonstrate compliance with applicable state and federal laws regulating landfills.

(h) The applicant shall obtain the required permits from the Pennsylvania Department of Environmental Protection (PADEP) and/or the United States Environmental Protection Agency (EPA) prior to initiating any operation.

(i) The required federal or state permits shall be maintained throughout the duration of all landfill operations.

(j) Any suspension or revocation of the required state or federal permits shall constitute a violation of this chapter and will result in the suspension or revocation of zoning approval or initiation of enforcement remedies provided for in this chapter, or both.

(k) In January of each year, the operator shall apply to the Zoning Officer or his authorized representative for renewal of the occupancy permit and shall present evidence of continuing compliance with all conditions of approval and the required state and federal permits.

(59) Surface mining.

[Amended 12-21-2009 by Ord. No. 845]

(a) There shall be no surface operation removal of minerals or vegetative cover within 200 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).

(b) Where such use is permitted, conditional or a use by special exception, the following operational requirements shall be applicable:

[1] Vibrations. Machines or operations which cause vibrations shall be permitted, but in no case shall any such vibrations be perceptible along any adjoining or adjacent property in different ownership or within the public right-of-way.

[2] Emissions. The emissions of dust, smoke, refuse matter, odor, gas, fumes, noise or similar substances or conditions which can endanger the health, safety or general welfare or which can cause any soiling or staining of persons or property at any point beyond the property line of the use creating the emission are hereby prohibited.

[3] Fencing. A six-foot fence that completely encloses the portion of the property in which an open excavation or quarry is located shall be provided and shall be so constructed as to have openings no larger than six square inches, and, if pickets are used, the openings no wider than six inches. Planting may be used as fencing, and, when used, the original plants must be at least 18 inches high and must be placed in a double-staggered row six feet on centers between plants where consistent with buffer planting in this section.

[4] Buffer planting. Where adjacent to residential areas, trees and shrubs shall be planted to screen the operation from normal view at a ratio of 50% deciduous to 50% evergreen trees, planted in double-staggered rows on six-foot centers. The same shall be applicable when such operation is adjacent to a public right-of-way.

[5] Setbacks.

[a] Residential. When adjacent to a residential area, no stockpiles, waste piles, processing or manufacturing equipment and no part of the open excavation or quarrying pit shall be located closer than 500 feet to a residential zoning district boundary line.

[b] Street. From the right-of-way line of a public street or highway no part of a quarrying or excavating operation shall be closer than 100 feet. Where both sides of the right-of-way are in a quarry or excavation operation in single ownership the required street setback may be reduced to 50 feet on each side of the right-of-way. In no case shall an open excavation be closer than 100 feet.

[c] General property line setbacks.

[i] Commercial use. No part of the quarrying or excavating operation shall be located closer than 200 feet to a commercial district.

[ii] Industrial use. No part of the quarrying or excavating operation shall be closer than 100 feet to a zoning district boundary line wherein industrial uses are permitted.

[d] No mineral removal shall be conducted within 300 feet of any public building, school, church, community or institutional building, commercial building, public park or private recreation area.

[e] No surface operation related to the removal of minerals shall be conducted within 100 feet of a cemetery.

[f] No surface operation related to the removal of minerals shall be conducted within 500 feet of any occupied dwelling, unless the consent of the owner of the dwelling has been obtained in advance of the filing of the application for zoning approval.

[6] General provisions:

[a] In no case shall any use impede the flow of natural watercourses.

[b] All uses of land or processes which pollute natural watercourses shall be prohibited.

[c] All uses of land shall be conducted in a manner which will not allow water to collect and permit stagnant water to remain in quarries or excavations.

(c) No surface operation related to the removal of minerals shall be conducted which will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction of the park or historic site.

(d) Submission of operational data for natural production uses. The operations plan shall include but need not be limited to:

[1] Ownership and acreage of the land proposed for use.

[2] Type of resources to be extracted or quarried.

[3] Estimated depth of the proposed operation.

[4] Location map at a scale of one inch equals 800 feet which shall show:

[a] The land area to be excavated or quarried with dimensions and the total property.

[b] Private access roads and abutting streets and highways.

[c] Abutting and/or adjacent districts and land uses.

[d] Existing watercourses, and proposed alterations to assure stream quantity and quality.

[e] Fencing and buffer planting. If fencing is to be vegetation, give details of the size and type.

[f] Title, scale, North arrow and date.

[g] Ownership.

[5] The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state or federal permits, including proof of insurability, before initiating any work, and of maintaining the required permits throughout the duration of all operations. Any suspension or revocation of the required state or federal permits shall constitute a violation of zoning approval and shall result in the suspension or revocation of zoning approval and/or enforcement of the penalty provisions of this chapter.

(e) Existing natural production uses. Operations existing prior to the effective date of this section, which are nonconforming as to setback requirements, shall not be required to correct such existing nonconformity. A rehabilitation plan and any required fencing and/or screen planting shall be provided within six months after the effective date of this section. Existing vegetation shall be considered where identified on the plan.

(f) The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall comply with designated weight limits on Township roads and shall design the hauling routes for the mineral removal operation to minimize the impact on local roads within the Township.

(g) The operator shall post a bond in favor of the Township and in a form acceptable to the Township Solicitor prior to the beginning of operations in the amount of $100,000 for each mile of Township road or portion thereof proposed to be traversed for removing minerals from the site. The term of the bond shall begin on the date the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations, any backfilling and any reconstruction of a damaged roadway due to excess weight in excess of the posted weight for the road. Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Township roads which have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township specifications for street construction.

(h) Deep mine openings and aboveground structures shall not be located within 500 feet of any existing dwelling. Ventilating structures shall be located so as to comply with the performance standards of § 300-28 of this chapter, regarding noise, and to minimize noise impacts on adjoining property.

(i) Rehabilitations-reclamation plan for natural production uses. At the time the operations plan is submitted, a rehabilitation-reclamation plan shall also be submitted setting forth the following information to the extent not included in the commonwealth permitting process:

[1] An engineering drawing showing ownership, existing and future topography, streams, existing roads, buildings, boundaries and legal description of the tract

[2] A description of the location, type, extent, methods and time schedule for the operation proposed.

[3] A drawing showing the location and/or proposed relocations of land, trees, buildings, structures, public roads, streams, drainage facilities and utility lines on the tract or adjacent tracts as may require protection, repairs, clearance, demolition, restoration either during or following completion of the operations proposed.

[4] A statement describing methods for handling operations with respect to the "operational requirements," plus any drainage, air pollution, soil erosion or other environmental problems created during the operations including production, transportation, processing, stockpiling, storage and disposal of by-products and wastes.

[5] A plan for reuse of the land after completion of the operations which shall permit the carrying out of the purpose of this section and appropriately provide for any restoration, reclamation, reforestation or other correction work deemed necessary.

(60) Swimming pools, public, semipublic or commercial.

(a) All swimming pools shall have permanent vehicular access to a public street.

(b) The construction of all swimming pools shall comply with all applicable state requirements.

(c) All swimming pools which are accessory structures shall comply with the provisions of § 300-22C(3) of this chapter.

(d) All swimming pools which are principal structures shall comply with the bulk and dimensional requirements of § 300-22B of this chapter for principal structures in the district in which it is proposed.

(e) The pool and bathing area shall be completely enclosed by a wall or fence at least eight feet in height to prevent uncontrolled access. The fence or wall shall be located at least 10 feet from any property line. A buffer area, as required by § 300-29, at least five feet in depth as measured from the property line shall be provided between the fence or wall and the property line.

(61) Townhouses and two-family dwellings proposed for fee simple ownership.

(a) The minimum lot area recorded for each dwelling unit may be less than the minimum lot area required per dwelling unit in the R-2 District, provided that the minimum lot area per dwelling unit is met on the entire site when the areas of all individual lots and all common areas are included in the calculation of minimum lot area per dwelling unit.

(b) There shall be no side yard requirements for the interior dwelling units which share common walls with other dwelling units. A minimum ten-foot side yard shall be provided for all end units in townhouse buildings.

(c) The minimum required front and rear yard setbacks each shall be 10 feet from any property line or private street right-of-way. The minimum required front yard setback from a public street right-of-way shall be 25 feet.

(d) Lots may be permitted which do not have the required frontage on a public street, provided that each lot has frontage on an improved private right-of-way which leads directly to a public street, and further provided that cross-easements and maintenance agreements for the private right-of-way are presented for review by the Township Solicitor and are recorded on the final plat and in the deeds for each of the lots.

(e) The final plat for recording shall contain a notation that municipal services shall not be provided on any private streets or driveways within the plan.

(f) Subdivision and land development approvals required by Chapter 252, Subdivision and Land Development, shall be obtained.

(g) Landscaping of all common areas shall be provided. In addition, all property lines adjoining single-family use or zoning classification shall be screened by a buffer area as required by § 300-29 of this chapter which is at least 15 feet in depth as measured from the property line.

(62) Transitional dwellings. See § 300-23B(27).

(63) Two-family dwellings in C-2. See § 300-23B(56).

(64) Vehicle accessories sales and installation.

(a) All work shall be performed within a completely enclosed building.

(b) Adequate area shall be provided to store vehicles waiting for service separate from the minimum number of off-street parking spaces required for customers and employees.

(c) Off-street parking shall be provided outside the building based on the ratio of one parking space for each employee, plus two parking spaces for each bay or service position inside the building.

(d) The premises shall be kept clean and shall be maintained so as not to constitute a nuisance or menace to public health or safety.

(e) Storage of parts and accessories shall be kept in a completely enclosed building.

(f) A buffer area, as required by § 300-29 of this chapter that is at least 10 feet deep as measured from the property line shall be provided along all property lines adjoining property in an R Zoning District.

(65) Vehicle rental, sales and service.

(a) New and used vehicle sales and service establishments shall be limited to those establishments which are factory-authorized dealerships or which have obtained a license from the Commonwealth of Pennsylvania to operate a used car dealership.

(b) The minimum site area required for new vehicle sales and service establishments shall be two acres. The minimum site area required for a used vehicle dealership shall be 10,000 square feet. Where used vehicle sales are accessory to another principal use, the minimum area of the site required for used vehicle sales shall be 1,000 square feet or 150 square feet per vehicle displayed for sale, whichever is greater.

(c) The site shall have frontage on and direct vehicular access to an arterial or collector street.

(d) The area used for display of merchandise offered for sale and the areas used for parking of customer and employee vehicles shall be surfaced in accordance with the requirements of Chapter 252, Subdivision and Land Development, of the Code of the Township.

(e) The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PADEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PADEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 300-54 of this chapter.

(f) All lots used for the outdoor display of vehicles shall have a completely enclosed building on the same lot which has not less than 2,000 square feet of gross floor area where all sales, repair, servicing and customer car washing shall be performed.

(g) No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle shall be parked on adjacent property or in any public street right-of-way.

(h) No vehicle shall be displayed or offered for sale which does not have all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the Commonwealth of Pennsylvania.

(i) All lights and light poles shall be located at least 10 feet from any street right-of-way or property line, and all lighting shall be shielded and reflected away from adjacent streets and properties.

(j) The use shall comply with the performance standards of § 300-28.

(k) No oscillating or flashing lights shall be permitted on the lot, on any of the structures or poles on the lot or on any merchandise displayed outdoors.

(l) All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.

(m) Customer vehicles with external damage awaiting repairs shall be located either inside a completely enclosed building or in an outdoor area which is screened by a six-foot-high compact evergreen hedge or opaque fence.

(66) Warehousing and wholesaling in conjunction with retail business.

(a) The minimum site required shall be one acre.

(b) All materials and equipment shall be stored within a completely enclosed building, as defined by this chapter, or shall be limited to storage in the rear yard, if screened from view from the street or adjacent R classified properties by a six-foot-high hedge or opaque fence.

(c) All operations, other than deliveries, shall be conducted within a completely enclosed building, as defined by this chapter.

(d) No shipping or receiving shall be permitted within 300 feet of any property line adjoining an R-1 or R-2 District between the hours of 6:00 p.m. and 8:00 a.m.